applicable to the consumer disputes. The Consumer Foras are to evolve their own procedure, for adjudicating the consumer disputes, by resorting to the principles ... argument is not available. The jurisdiction of Consumer Foras to entertain consumer complaints, in the face of arbitration clause in the Agreement, is in-built
said bungalow project
without first referring the matter to arbitration and till the arbitration
tribunal has given its award.
4. The opposite parties submit ... complaint.
It upheld the order
confirming the jurisdiction on the
consumer fora despite arbitration clause
in the agreement.
We may
state that consistently the Honble
consumer before the District
Consumer Forum, which is a “judicial authority” and
hence Section 8 of the Arbitration Act, 1996 would come
into play ... Devi (supra), even in a consumer dispute
under the Act, or for that matter, the Consumer Protection Act, 2019 ,
arbitration, if provided for under
Town Police Station Back Side Visakhapatnam-530016.
7) The A.P. State Consumer Dispute Redressal Commission, Hyderabad
Rep by the Registrar ... file of the
State commission, consumer Redressal Andhra Pradesh, at Hyderabad and consequently
dismiss the Complaint as framed and filed for want of territorial Jurisdiction
ousts jurisdiction of ECGRF, for settlement of dispute raised by Consumer. Therefore, availability of arbitration clause in the agreement, even otherwise, would not oust jurisdiction ... stipulation between the parties, i.e., Distribution Licensee and Consumer of referring dispute to arbitration. In taking the above view, I draw support from
enactment.
Extent of Consumer Protection:
While other legislations may be either punitive or preventive, the Consumer Protection Act compensates the consumer. The provisions ... Consumer Protection Act therefore gives the consumer an additional remedy besides those which may be available under other existing laws. Existence of an arbitration clause
opened to the Consumer Foras to entertain the consumer complaints. None of the judgments ever conferred any jurisdiction upon the Consumer Foras to entertain such ... argument is not available. The jurisdiction of Consumer Foras to entertain consumer complaints, in the face of arbitration clause in the Agreement, is in-built
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