VISHNU CHANDRA SHARMA Vs. SRIRAM FINANCE COMPANY LTD.

JUDGEMENT

(1.) These revision petitions have been filed by the petitioner/complainant, Vishnu Chandra Sharma against the common order dated 21.3.2016 of the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur, (for short, 'State Commission') passed in two Appeals No. 333 of 2015 and 1158 of 2015.

(2.) Brief facts of the case relevant for deciding the revision petitions are that on 18.10.2012 petitioner/complainant purchased a truck with finance from OP- Later on, the complainant was not satisfied with the dealings and behaviour of OP-2 and he got his loan transferred from OP-2 to OP-1. Thus, OP-1 became the financier for the vehicle. Truck was deposited by the complainant with R-1 along with all the papers. Later on, the truck was sold by R-1 which the complainant came to know only after 11 months of the sale of the truck. The complainant filed a Consumer Complaint No.174/2010 before the District Consumer Disputes Redressal Forum, Kauroli (for short, 'District Forum'). The complaint was resisted by the OP-1 on many grounds inter alia including the ground that the matter was already referred to the Sole Arbitrator Shri R.K. Sharma and therefore, the complaint was not maintainable. The District Forum however, has opined that arbitration award was not a bar for deciding a consumer complaint. The District Forum after hearing the parties allowed the complaint as under:

(3.) Being aggrieved by the above order, OP-1 Sriram Finance Ltd. as well as the complainant preferred Appeals No.333/2015 and 158/2015 respectively before the State Commission. The ld. State Commission vide a common order dated 21.02016 dismissed the appeal filed by the complainant, Vishnu Chand Sharma and allowed the appeal filed by OP-1, Sriram Finance Ltd.. The State Commission passed the following order: