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Abdul Rasheed v/s The Managing Director, Tata Motors Finance Ltd., Mumbai & Others


Company & Directors' Information:- TATA MOTORS LIMITED [Active] CIN = L28920MH1945PLC004520

Company & Directors' Information:- TATA MOTORS FINANCE LIMITED [Active] CIN = U45200MH1989PLC050444

Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- TATA FINANCE LIMITED [Amalgamated] CIN = U65944MH1984PLC032413

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- B R D MOTORS LIMITED [Active] CIN = U50101KL1999PLC012864

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- M G F MOTORS LIMITED [Active] CIN = U74899DL1998PLC093512

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- R F MOTORS PRIVATE LIMITED [Active] CIN = U50101KL2004PTC017259

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- T & T MOTORS PRIVATE LIMITED [Active] CIN = U34300DL1997PTC089072

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- AMP MOTORS PRIVATE LIMITED [Active] CIN = U34103DL2009PTC195418

Company & Directors' Information:- M C P MOTORS (INDIA) PRIVATE LIMITED [Active] CIN = U50400KL2008PTC023604

Company & Directors' Information:- K G N MOTORS PRIVATE LIMITED [Active] CIN = U50500PN2015PTC154117

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- V C MOTORS PRIVATE LIMITED [Active] CIN = U34100UP2007PTC033679

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- K S MOTORS PRIVATE LTD [Active] CIN = U50101RJ1980PTC002134

Company & Directors' Information:- C N S MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2015PTC069748

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- K Y MOTORS PRIVATE LIMITED [Active] CIN = U50300JK2015PTC004511

Company & Directors' Information:- V K MOTORS PRIVATE LIMITED [Active] CIN = U50403HR2003PTC035225

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- O P MOTORS PRIVATE LIMITED [Active] CIN = U50300HR2012PTC047773

Company & Directors' Information:- T. C. MOTORS PRIVATE LIMITED [Active] CIN = U34103WB2009PTC140104

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- G P MOTORS PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036535

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- R D MOTORS PRIVATE LIMITED [Active] CIN = U51502WB2003PTC097286

Company & Directors' Information:- G 3 MOTORS LIMITED [Active] CIN = U74999MH2007PLC169109

Company & Directors' Information:- N R L MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2010PTC041027

Company & Directors' Information:- P K MOTORS PRIVATE LIMITED [Active] CIN = U50101PB1991PTC011043

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- T I MOTORS PRIVATE LIMITED [Active] CIN = U50102AS2000PTC006312

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- M. B. MOTORS PRIVATE LIMITED [Active] CIN = U34200WB2010PTC151115

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- B A MOTORS PRIVATE LIMITED [Active] CIN = U34300HR2011PTC044271

Company & Directors' Information:- P T MOTORS PRIVATE LIMITED [Active] CIN = U50100GJ2010PTC062051

Company & Directors' Information:- P S N MOTORS PVT LTD [Active] CIN = U50300KL1952PTC000946

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J K R MOTORS PRIVATE LIMITED [Active] CIN = U50401PB2008PTC032294

Company & Directors' Information:- I. S. MOTORS PRIVATE LIMITED [Active] CIN = U34103UR2008PTC032602

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- S. N. MOTORS PRIVATE LIMITED [Active] CIN = U34103WB2009PTC137690

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- M G T MOTORS PRIVATE LIMITED [Active] CIN = U93000MN1998PTC005548

Company & Directors' Information:- M G T MOTORS PRIVATE LIMITED [Active] CIN = U01132MN1998PTC005548

Company & Directors' Information:- L A MOTORS PRIVATE LIMITED [Active] CIN = U50300MH2005PTC158229

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S MOTORS PRIVATE LIMITED [Active] CIN = U50101DL2001PTC111718

Company & Directors' Information:- B. N. MOTORS PRIVATE LIMITED [Strike Off] CIN = U34300WB2010PTC152839

Company & Directors' Information:- J A V MOTORS PRIVATE LIMITED [Active] CIN = U50300TN2010PTC077638

Company & Directors' Information:- Y S MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2015PTC074064

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- K N MOTORS PRIVATE LIMITED [Active] CIN = U35991UP1997PTC022755

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- S U MOTORS PRIVATE LIMITED [Active] CIN = U29120MH1972PTC015891

Company & Directors' Information:- G D MOTORS PRIVATE LIMITED [Active] CIN = U50200DL2009PTC189790

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- J J MOTORS PRIVATE LIMITED [Active] CIN = U34200WB2009PTC131980

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- J & K MOTORS PRIVATE LIMITED. [Active] CIN = U50402JK1981PTC000513

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- S S MOTORS PRIVATE LIMITED [Active] CIN = U74900TN2009PTC071098

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- P R MOTORS PRIVATE LIMITED [Active] CIN = U50401UP1998PTC023937

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- J B MOTORS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC113083

Company & Directors' Information:- C AND T MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2010PTC040344

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- R & R MOTORS PRIVATE LIMITED [Strike Off] CIN = U50401WB2009PTC134845

Company & Directors' Information:- D V MOTORS PRIVATE LIMITED [Active] CIN = U50300DL2003PTC123077

Company & Directors' Information:- M V MOTORS PRIVATE LIMITED [Active] CIN = U74120UP2012PTC051188

Company & Directors' Information:- J M MOTORS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036056

Company & Directors' Information:- R B MOTORS PRIVATE LIMITED [Active] CIN = U25112UP1976PTC004366

Company & Directors' Information:- R L MOTORS PVT. LTD. [Strike Off] CIN = U50200DL1990PTC041609

Company & Directors' Information:- D S A MOTORS PRIVATE LIMITED [Strike Off] CIN = U50200TN2007PTC062051

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- V V R MOTORS PRIVATE LIMITED [Active] CIN = U50401TZ2007PTC013901

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- M U S MOTORS PRIVATE LIMITED [Strike Off] CIN = U51109UP1997PTC021762

Company & Directors' Information:- A S MOTORS PRIVATE LIMITED [Active] CIN = U50101GJ1987PTC009946

Company & Directors' Information:- R H MOTORS PRIVATE LTD. [Active] CIN = U74899DL1986PTC021026

Company & Directors' Information:- N M C MOTORS PRIVATE LIMITED [Active] CIN = U31103WB1996PTC082154

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- INDIA MOTORS PVT LTD [Converted to LLP and Dissolved] CIN = U50101RJ1946PTC000413

Company & Directors' Information:- J A M MOTORS LIMITED [Strike Off] CIN = U50200WB2004PLC099527

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- G. R. MOTORS PRIVATE LIMITED [Strike Off] CIN = U50404DL1999PTC099123

Company & Directors' Information:- N K MOTORS PRIVATE LIMITED [Strike Off] CIN = U50101OR2001PTC006425

Company & Directors' Information:- C R MOTORS PRIVATE LIMITED [Active] CIN = U29120TZ2010PTC015961

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- V T MOTORS PRIVATE LIMITED [Strike Off] CIN = U50200TG2012PTC083259

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- S V MOTORS PVT LTD [Strike Off] CIN = U34101CH1990PTC010076

Company & Directors' Information:- S AND A MOTORS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC016164

Company & Directors' Information:- B R H MOTORS PRIVATE LIMITED [Active] CIN = U50400OR2012PTC015880

Company & Directors' Information:- S C MOTORS PRIVATE LIMITED [Active] CIN = U34100MH2008PTC177880

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- P J MOTORS PRIVATE LIMITED [Strike Off] CIN = U50100OR2008PTC010427

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- S J MOTORS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC029461

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- S. G. P. MOTORS PRIVATE LIMITED [Strike Off] CIN = U51103DL2008PTC183226

Company & Directors' Information:- A. I. R. MOTORS PRIVATE LIMITED [Active] CIN = U50403PY2016PTC003049

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- N S MOTORS PRIVATE LIMITED [Strike Off] CIN = U50102MH2012PTC237868

Company & Directors' Information:- J S M MOTORS PRIVATE LIMITED [Strike Off] CIN = U34105PN2011PTC138919

Company & Directors' Information:- S B R MOTORS PRIVATE LIMITED [Active] CIN = U50101DL2003PTC123007

Company & Directors' Information:- H M MOTORS PRIVATE LIMITED [Active] CIN = U50103DL2013PTC261482

Company & Directors' Information:- P D MOTORS PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC167523

Company & Directors' Information:- B H MOTORS PRIVATE LIMITED [Active] CIN = U50100GJ2014PTC081508

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- N C MOTORS PVT LTD [Strike Off] CIN = U52603CH1989PTC009825

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    First Appeal No. 783 of 2015

    Decided On, 27 February 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER & THE HONOURABLE MR. K.R. RADHAKRISHNAN
    By, MEMBER

    For the Appellant: C.S. Rajmohan, Advocate. For the Respondent: N.U. Nampoothiri, Advocate.



Judgment Text


T.S.P. Moosath: Judicial Member

The complainant in C.C. No. 53/2014 of the Consumer Disputes Redressal Forum, Idukki, in short the District Forum, has filed the appeal against the order passed by the District Forum by which the complaint filed by him was dismissed.

2. The averments contained in the complaint are, in brief, as follows: Complainant who is the owner of a Tata 407 lorry bearing Reg. No. KL-06 D-423, availed a loan of Rs. 4,50,000/- from the opposite parties on 02.12.2005 and it was agreed to repay in 60 monthly installments. After paying 9 installments promptly, he was not in a position to repay the balance amount. So he transferred the vehicle to one Johnson and the entire loan amount has been repaid by the said Johnson on 21.05.2007 and also obtained clearance certificate from the RTO, Vandiperiyar. After that the said Johnson transferred the vehicle to one Santhosh and the said Santhosh transferred the registration of the vehicle before the RTO, Malappuram on 01.07.2007 and Rs. 1,452/- was paid as tax. Again the said Santhosh transferred the said vehicle to one Shameer. On 01.10.2007 the said Shameer availed a loan from M/s Shriram Transport Finances Ltd. for the vehicle. So the loan account of the complainant was already closed and he is not liable to pay any amount. But the opposite party issued a legal notice on 02.01.2014 demanding huge amount from the complainant. The opposite parties have no right to demand such a huge amount as Rs. 13,20,323.25 from the complainant. So the complaint is filed for directing the opposite party, that the complainant is not liable to pay the loan amount and also for compensation.

3. Opposite parties filed version raising the following contentions. The complainant availed a loan of Rs. 4,51,000/- which was to be repaid in 47 monthly installments of Rs. 11,800/- each starting from 02.11.2006 and terminating on 02.11.2009. The averment that the complainant paid the entire loan amount to the opposite party on 21.05.2007 and obtained clearance certificate from the Vandiperiyar RTO is not correct. The opposite parties never received any amount from the complainant towards the loan account nor the opposite party given clearance certificate to the complainant. The complainant has forged the certificates of the opposite parties for obtaining clearance certificate from the RTO. After forging the documents of the opposite parties, he transferred the vehicle to other persons. The opposite parties are also initiating criminal proceedings against the complainant for forging the documents of the opposite parties and for producing the same before the RTO for clearing the vehicle from the hypothecation of the opposite parties. The complainant is liable to pay an amount of Rs. 13,57,465/- to the opposite parties. So the complaint is liable to be dismissed under Sec. 26 of the Consumer Protection Act with costs.

4. No oral evidence was adduced by both sides. Exts. P1 to P4 were marked on the side of the complainant and Exts. R1 and R2 were marked on the side of the opposite parties. After considering the evidence adduced by the parties and hearing both sides the District Forum has passed the impugned order by which the complaint was dismissed. Aggrieved by the order passed by the District Forum the complainant has preferred this appeal.

5. Heard both sides. Perused the records.

6. There is no dispute to the fact that on 21.02.2005 the complainant availed a loan of Rs. 4,50,000/- from the opposite parties after executing a loan agreement and the amount has to be repaid in monthly installments. According to the complainant he paid 9 installments promptly and since he was not in a position to repay the balance amount he sold the vehicle to one Johnson and he agreed to pay the loan amount. Subsequently the said Johnson paid the entire loan amount to the opposite parties and obtained clearance certificate from the RTO, Vandiperiyar. Later he transferred the vehicle to one Santhosh and Santhosh transferred the vehicle to one Shameer. While so on 02.01.2014 the opposite parties issued a notice to the complainant to pay Rs. 13,20,323.25 towards the loan transaction. They have no right to realize any amount from the complainant. It is the case of the opposite parties that the complainant defaulted in payment of the installments and he is liable to pay an amount of Rs. 13,57,465/- to them. It is contended by the opposite parties that they never issued any No Objection Certificate/clearance certificate to be produced before the RTO and the complainant has forged documents and produced before the RTO and got transfer of the vehicle to another person. So, criminal proceedings were initiated against the complainant. The complainant is liable to pay the amount to the opposite parties.

7. The District Forum found that the complainant has not produced receipts regarding the alleged payment of the amounts to the opposite parties and he has also not produced the No Objection Certificate/clearance certificate alleged to have issued by the opposite parties. It is the case of the opposite parties that they never issued No Objection Certificate/clearance certificate to the complainant and complainant forged the documents and produced before the RTO and so they have initiated criminal proceedings against the complainant. Whether the complainant had forged the documents is a matter to be considered in appropriate proceedings. The complaint is filed by the Power of Attorney holder of the complainant, Abdul Rasheed. But the Power of Attorney executed by the complainant in favour of the person who filed the complaint is not produced. Even the name of the Power of Attorney holder who has filed the complaint is not mentioned in the complaint. Ext. R2 shows that the opposite parties had taken arbitration proceedings against the complainant regarding the disputed amount and the arbitrator passed an award on 30.04.2010. The complainant has filed the complaint before the District Forum on 28.01.2014, a

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fter about 4 years from passing of the award by the arbitrator. In “Instalment Supply Ltd. Vs. Kangra Ex-Serviceman Transport I (2007) CPJ 34 (NC)” the National Commission held that “the Consumer Fora cannot decide a complaint after an arbitration award has already passed”. So the complaint filed by the complainant is not maintainable before the District Forum. For the reasons stated above, it can be seen that there is no reason/ground to interfere with the order passed by the District Forum, by which the complaint was dismissed. So the appeal is to be dismissed. In the result, the appeal is dismissed. Parties are directed to suffer their respective costs.
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