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
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
under the Consumer Protection Act, 1986 . In fact Section 3 of the Consumer Protection Act, 1986 clearly provides that remedy under Consumer Protection ... applied for arbitration then in terms of Section 8 of the Arbitration and Conciliation Act the dispute arising out of the arbitration clause
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
consumer protection fora.
However, this does not mean that even if a 'consumer' invokes and avails of arbitration, he can subsequently still avail ... consumer' is free to come before consumer protection fora even after invoking and availing of the remedy of arbitration is totally erroneous
pending before the Civil Court and the availability of remedies under arbitration, the Consumer Complaint did not lie before the State Commission, cannot be sustained ... dispute brought before the consumer forum (consumer dispute/s) arises from an agreement which has an arbitration clause, the consumer forum will be the appropriate
consider that the
Consumer Protection Act, 1986 confers additional jurisdiction upon Consumer
Forums and not their exclusion.
Insofar as existence of Arbitration Clause is concerned ... complaint by the Consumer Forum, which is an additional remedy under the
Consumer Protection Act, 1986 . The remedy provided under the Consumer
Protection
bank. Though, the remedy provided to a consumer under the provisions of the Consumer Protection Act, 1986 is an additional remedy, the complainant / petitioner having ... referred the parties to arbitration in accordance with the arbitration clause contained in the agreement between them. The consumer complaint, therefore, was clearly not maintainable
Moreover, it is the right of consumer to approach Consumer Forum to seek the relief, even if any Arbitration proceedings has been initiated. In support ... filed a petition u/s 9 of the Arbitration Act in the year 2010, whereas consumer complaint was filed in February, 2011. Thus, Arbitration Petition
