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M/S. National Seeds Corpn. Ltd vs M.Madhusudhan Reddy & Anr on 16 January, 2012

If the grower opts for the remedy of arbitration, then it may be possible to say that he cannot, subsequently, file complaint under the Consumer Act. However, if he chooses to file a complaint in the first instance before the competent consumer Forum than he cannot be denied relief by invoking Sec. 8 of the Arbitration and Conciliation Act, 1996. Moreover, the plain language of Sec. 3 of the Consumer Act, makes it clear that the remedy available in that Act is in addition to and not in derogation of the provisions of any other law for the time being in force. Admittedly in this case opposite party No.1 did not opt and seek reference to an arbitrator and in such circumstances so also in view of the said decision, the arbitration clauses in the relevant agreements, do not come in the way of the complainants in seeking redressal in the consumer Forum with reference to the subject matter of the complaint and thus the argument of opposite party no.1 in the said context is not helpful for it in this case.
Supreme Court of India Cites 54 - Cited by 973 - G S Singhvi - Full Document
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