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Judgment
MISC. Application has been filed for giving directions to the respondent-New India Assurance Company to make payment as per award made by the arbitrator.
THE complainant filed a complaint under the Consumer Protection Act before this Commission. During the pendency of the same, both the parties agreed that the matter be referred to the Arbitrator. It was so referred vide order dated March 29, 1993 and by this order the complaint stood disposed of. Subsequently, the Arbitrator is stated to have given the award in favour of the complainant to the tune of Rs. 92,000/- and submitted the award in this Commission. Thus the complainant filed this application. After disposal of the complaint on March 29, 1993, this Commission became functus officio and thus cannot entertain application filed therein. The position would have been different if the Commission had kept the complaint pending and had merely appointed a Commission to assess the amount payable to the complainant. Relying upon such a report of the Commission, final directions as contemplated under Section 14 of the Act could have been given. However, when the parties agreed as per terms of their agreement or otherwise to refer the matter to the Arbitrator and award is given by the Arbitrator, the matter has to be got finalised under the provisions of the Arbitration Act. This Commission has no power to entertain any application for making Rule of the Court the award made by the Arbitrator. While dismissing the application, it is left to the petitioners to seek proper remedy in proper Court. Misc. Application is disposed of. Application disposed of.