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Showing contexts for: ncdrc in M/S Emaar Mgf Land Limited vs Aftab Singh on 10 December, 2018Matching Fragments
ASHOK BHUSHAN,J.
These review petitions have been filed seeking review of the judgment dated 13.02.2018 of this Court by which civil appeals were dismissed.
2. The Civil Appeal Nos. 23512-23513 of 2017 had been filed challenging the order dated 13.07.2017 passed by Larger Bench of the National Consumer Disputes Redressal Commission (hereinafter referred to as “NCDRC”) holding consumer disputes to be non- arbitrable. Prayer was also made to set aside the subsequent order dated 28.08.2017 passed by Single Member of the NCDRC dismissing the application filed under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”) by the appellant.
5. Notice was issued to the appellant by the NCDRC on 09.11.2015 asking the appellant to appear on 11.01.2016. The appellant appeared and made an application for extension of time for filing the written statement. The appellant also filed an application under Section 8 of the 1996 Act for referring the matter to arbitration for and on behalf of the appellant. In the application, appellant has referred to Clause 43 of the Buyer’s agreement, which according to appellant would constitute a valid arbitration agreement in terms of Section 7(2) of the 1996 Act. The appellant also filed a reply to the complaint. The application filed under Section 8 of the 1996 Act was objected by the respondent with the prayer that the said application be rejected. NCDRC heard the complaint case of the respondent alongwith several other similarly situated applications in the complaint case filed by the respondent and other similarly situated applications filed under Section 8 for referring the parties to the arbitration. A learned Single Member of the Commission proceeded to consider the said applications and passed an order dated 31.08.2016. The learned Single Member had taken the view that considering the vital importance and far reaching consequence of the legal issue involved in these applications, it would only be appropriate that these applications are considered and decided by a Larger Bench, consisting of at least Three Members.
6. In pursuance of the order of the learned Single Member, a Larger Bench of NCDRC was constituted and Consumer Complaint No. 701 of 2015 with Interim Application No. 247 of 2016 as well as interim applications filed by other complainants were heard and decided by Three Members Bench presided by President of the NCDRC vide its judgment dated 13.07.2017. The Three Members Bench have considered the submissions of the parties in detail and arrived at following conclusions in Paragraph Nos. 55 and 56:-
7. After the reference having been answered by Three Members Bench, the Consumer Complaint No. 701 of 20156 alongwith other applications was taken by a Single Member of the Commission and by order dated 28.08.2017, the applications filed by the appellant under Section 8 of the 1996 Act were rejected. After rejecting the application under Section 8, the Commission directed the parties to proceed further with the complaint. The appellant filed F.A.O. No. 395 of 2017 in the Delhi High Court challenging the orders dated 13.07.2017 and 28.08.2017 of NCDRC. The High Court held that appeals filed by the appellant under Section 37(1)(a) of the 1996 Act have been wrongly brought before the High Court. The High Court refused to entertain the appeals and returned to be presented before the appropriate Appellate Court. After the judgment of the Delhi High Court dated 07.11.2017, the appellant filed Civil Appeal No. 23512-23513 of 2017 challenging the judgment of Larger Bench of NCDRC dated 13.07.2017 as well as the consequential order dated 28.08.2017 in this Court. Both the appeals were called for hearing on 13.02.2018 and were dismissed by this Court. The appellant has filed these review petitions to review the judgment of this Court. In the review petitions, following prayers have been made by the appellant:-