Arbitration and Conciliation Act, 1996, as
amended by Arbitration & Conciliation (Amendment) Act, 2015 , to
assail two orders of the National Consumer Disputes Redressal
Commission ... Amendment) Act, 2015
mandates the consumer forum constituted under the Consumer
Protection Act, 1986 to refer the parties to arbitration in terms of a
valid
plaintiff had earlier
instituted consumer complaint before the National Consumer Disputes
Redressal Commission (NCDRC) under the provisions of Consumer
Protection Act, 1986 , after the filing ... parties to arbitration proceedings under Section 8(1) , of the
Arbitration and Conciliation Act, 1996. The omission to refer to the
arbitration agreement, or apply
arbitration of a sole Arbitrator
appointed by the company. The arbitration shall be
conducted in accordance with and subject to the provisions
of the arbitration ... Talab Road, Tri Nagar,
New Delhi-110 035
Sub: Arbitration Proceedings between GE
Countrywide, Consumer Financial Service Ltd.
AND Mrs. Sarita Gupta
override the general provision in Section
11 of the Arbitration and Conciliation Act, 1996 for arbitration of disputes between the
licensee and generating companies ... that the
Parliament was well-aware of the Arbitration Act, 1940 when the Consumer
Protection Act, 1986 was enacted providing for additional remedy
averment
whatsoever in the complaint filed before the Consumer Forum of any
arbitration proceedings having taken place or of passing of the Award ... stated in the
complaint before the Consumer Forum. Therefore the proceedings
initiated by the present appellant before the Consumer Forum were
independent proceedings and were
proceeding before a Consumer Forum constituted under the Consumer Protection Act is liable to be stayed under Section 34 of the Arbitration ... SECTION 34 of Arbitration Ad-Power to stay legal proceedings where there is an arbitration agreement:-Where any party to an arbitration agreement
Court" as per Section 2(1)(e) of the Arbitration and Conciliation Act.
It was submitted that this Court is not a competent Court ... agreement does not provide any seat of arbitration. Reliance was placed on
GE Countrywide Consumer Financial Services Ltd. v. Surjit Singh Bhatia
Electricity Board and the consumer were to be referred
LPA 564/2012 Page 24 of 28
to arbitration, then there may be thousands of arbitration
materia with Section 3 of the Consumer
Protection Act, which also states that the provisions of the Consumer
Protection Act shall be in addition ... raised to maintainability of the consumer
claim under the Consumer Protection Act on the ground that an
arbitration agreement existed between the parties, and that
Mukundkam Sharma) held that a clause in the arbitration agreement providing for the venue of the arbitration proceedings neither vests nor conclusively determines the territorial ... subject matter of the arbitration, and not at the situs of arbitration because that is wholly irrelevant. The situs of arbitration or the fact that
