parties for arbitration in terms of the arbitration clause in the agreement
as the purpose of Section 8 of the Arbitration ... that
the complaint filed by a consumer before the Consumer Fora would be
maintainable despite their being an arbitration clause in the agreement to
refer
which the same shall be settled through arbitration.
The arbitration proceedings shall be governed by the
Arbitration & Conciliation Act, 1996 or any statutory
amendments ... Part.
7. Arbitration agreement.-
(1) In this Part, "arbitration agreement" means an agreement
by the parties to submit to arbitration all or certain
complainant cannot have three remedies: (a) criminal complaint; (b) arbitration; and (c) under Consumer Protection Act .
Findings:
(a) The first issue before us is that ... whether pending arbitration proceeding is a bar for entertaining a consumer complaint?
Arbitration proceedings were initiated by the Opposite Party, that too with regard
provide a remedy in addition to the consentient arbitration which could be enforced under the Arbitration Act or the civil action in a suit under ... applied for arbitration then in terms of Section 8 of the Arbitration and Conciliation Act the dispute arising out of the arbitration clause
Arbitration and Conciliation Act, 1996 (in short ' Arbitration Act ') referring the parties to resolve their matter through Arbitration in terms of Clause ... applicability of the Consumer Protection Act, 1986 (in short ' Consumer Act ') and applicability of the provisions of Arbitration Act, 1996 in view
Arbitration Act of 1940. That the Arbitration Act of 1996 has brought out fundamental changes and in view of the Arbitration ... arbitration clause contained in the agreements entered between the appellant and the growers, the latter could have applied for arbitration and Consumer Forums should have
complaint against the petitioner. Moreover, ones the remedy of arbitration was availed, the remedy under Consumer Protection Act 1986 cannot be availed as the award ... parties have gone into arbitration and the arbitration award has been passed, the doors of the consumer forum are not open for the same relief
under Section 8 of the Arbitration Act, seeking to refer the
matter to arbitration, in view of the arbitration clause available in the
agreement ... mandate to the Consumer Forums, constituted under the Consumer
Protection Act , to refer the parties to arbitration in terms of the
Arbitration Agreement
issue that as per
the agreement, there was an arbitration clause. The Consumer Forum
dismissed the complaint holding that the issue involved is complex ... arbitration clause in the
agreement and to the fact that objection of availability of arbitration was not
raised in proceedings before the Consumer Forum
extent of deficiency in service only. Since arbitration clause can not be enforced by the consumer forum, therefore, dismissal of claim without deciding merit does ... over the order passed by the District Consumer Forum and State Consumer Redressal Commission."
15. Arbitration Clause Nos. 13 and 14 as agreed between
