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1 - 10 of 16 (0.32 seconds)Section 71 in Consumer Protection Act, 2019 [Entire Act]
Section 72 in Consumer Protection Act, 2019 [Entire Act]
The Co-Operative Societies Act, 1912
Consumer Protection Act, 2019
Section 90 in Consumer Protection Act, 2019 [Entire Act]
Section 8 in The Arbitration Act, 1940 [Entire Act]
Kishore Lal vs Chairman, Employees State Insurance ... on 8 May, 2007
"14. In our view, there is no merit in the submission of the learned Senior
Counsel. In the Complaints filed by them, the Appellants had primarily
challenged the action of respondent No.1 to refund the amounts deposited
by them and they extinguished their entitlement to get the flats. Therefore,
the mere fact that the action taken by Respondent No.1 was approved by
the Assistant Registrar, Cooperative Societies and higher authorities,
cannot deprive the Appellants of their legitimate right to seek remedy
under the Act, which is in addition to the other remedies available to them
under the Cooperative Societies Act. Law on this issue must be treated as
settled by the judgments of this Court in Thirumurugan Co operative
Agricultural Credit Society v. M Lalitha; Kishore Lal v. Chairman,
Employees' State Insurance Corpn. 2007 (4) SCC 579 and National
Seeds Corpn. Ltd. v. M. Madhusudhan Reddy 2012 (2) SCC 506."
M/S. National Seeds Corpn. Ltd vs M.Madhusudhan Reddy & Anr on 16 January, 2012
"14. In our view, there is no merit in the submission of the learned Senior
Counsel. In the Complaints filed by them, the Appellants had primarily
challenged the action of respondent No.1 to refund the amounts deposited
by them and they extinguished their entitlement to get the flats. Therefore,
the mere fact that the action taken by Respondent No.1 was approved by
the Assistant Registrar, Cooperative Societies and higher authorities,
cannot deprive the Appellants of their legitimate right to seek remedy
under the Act, which is in addition to the other remedies available to them
under the Cooperative Societies Act. Law on this issue must be treated as
settled by the judgments of this Court in Thirumurugan Co operative
Agricultural Credit Society v. M Lalitha; Kishore Lal v. Chairman,
Employees' State Insurance Corpn. 2007 (4) SCC 579 and National
Seeds Corpn. Ltd. v. M. Madhusudhan Reddy 2012 (2) SCC 506."
Emaar Mgf Land Ltd & Anr vs Aftab Singh on 7 November, 2017
17. As far as the issue of reference of the dispute to the
Arbitrator is concerned, it is relevant to mention that the Larger Bench
of the Hon'ble National Commission, vide order dated 13.07.2017,
passed in Consumer Complaint No.701 of 2015 titled as Aftab Singh
Versus EMAAR MGF Land Limited & Anr. has held that an
Arbitration Clause in the afore-stated kind of Agreements between the
Complainants and the builder cannot circumscribe the jurisdiction of a
Consumer Fora, notwithstanding the amendments made to Section 8
of the Arbitration Act. Civil Appeal No.(s) 23512-23513 of 2017 (M/s
EMAAR MGF Land Limited & Anr. Vs. Aftab Singh) was filed
against the said order of the Hon'ble National Commission and it was
also dismissed by the Hon'ble Apex Court, vide order dated
13.02.2018. The Review Petitions (C) Nos.2629-2630 of 2018 were
also dismissed by the Hon'ble Apex Court on 10.12.2018.
Consequently, the existence of an Arbitration Clause or otherwise is
not a bar to resolve this dispute by Consumer Commission.