BALMUKAND JOSHI Vs. SURESH RATHI SECURITIES PVT LTD

JUDGEMENT

(1.) Learned Counsel Mr.Bohra, appearing for the Respondent undertakes to pay the sum of Rs.5,000/- to the Petitioner towards costs imposed vide order dated 7.12.2017.

(2.) Present Revision Petition has been filed against the order dated 12.4.2013 (wrongly mentioned in the impugned order as 12.4.2012) and the order dated 18.9.2012, passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as "the State Commisson), whereby the Appeal preferred by the Petitioner herein had been dismissed on the ground that as the Arbitrator had already given the award, the Complaint was not maintainable. The Restoration Application has also been dismissed.

(3.) We have heard Mr.Balmukand Joshi, the Petitioner, who has appeared in person and Mr.S.N. Bohra, learned Counsel for the Respondent and have perused the impugned orders. It is not in dispute that the Application for referring the matter to Arbitrator was filed by the Petitioner before the National Stock Exchange, sometime in the year 2009 and simultaneously a Complaint under the Consumer Protection Act, 1986 was also filed before the District Consumer Disputes Redressal Forum, Bhilwara (hereinafter referred to as "the District Forum"). When the Consumer Complaint was filed, the Arbitrator had not given the award. The award was given only on 18.1.2010. At that time, the Consumer Complaint was pending before the District Forum.