PADAM BAHADUR GURUNG Vs. SAHARA INDIA PARIWAR &ANR

JUDGEMENT

(1.) This revision is directed against the order of the State Commission West Bengal dated 26.05.2014 in FA No. 602 of 2010 whereby the State Commission allowed the appeal preferred by the respondent opposite party against the order of the District Forum and set aside the order of the District Forum because despite of their being an Arbitral Award in respect of the subject dispute, the District Forum proceeded to decide the consumer complaint.

(2.) Learned Sh. P.K. Ray, Advocate for the petitioner has contended that impugned order of the State Commission is not sustainable because it has been passed ignoring the fact that Section 3 of the Consumer Protection Act, 1986 ( in short, the Act) provides that remedy under the Act is an additional remedy.

(3.) The above contention of learned counsel for the petitioner is misconceived. Undisputedly, parallel proceedings in respect of dispute between the parties were going on in the Consumer Forum as also before the Arbitrator. Undisputedly, arbitration award was passed on 09.08.2010 and copy of the same was filed by the petitioner in the District Forum before the pronouncement of the final order, which has been set aside by the State Commission. The State Commission has allowed the appeal and set aside the order of the District Forum following the judgment of National Commission in the matter of The Installment Supply Ltd. Vs. Kangra Ex-Serviceman Transport Co. & Another, 2006 3 CPR 339(NC) where under a similar situation, it was observed thus: