said that by reason of
provision of Consumer Protection Act , consumer disputes
cannot be submitted to arbitration. It is further
submitted that far from ... Arbitration
Act. Section 2(3) of the Arbitration Act restricts the
overriding effect apparent in Section 5 of the
Arbitration Act. The Consumer Act being
cannot
be treated as a `consumer' within the meaning of Section 2(d)
of the Consumer Act.
15
On merits, it was pleaded that ... arbitration clause contained in the agreements
entered between the appellant and the growers, the latter
could have applied for arbitration and the Consumer
Forums should
supply by Government after
expiry of agreement Dispute raised by consumer-If liable to
arbitration- Electricity (Supply ... licensee and a
consumer, there can be a dispute in respect of which the
consumer can call for an arbitration. It is argued that
this
liability shall be
referred to the Arbitration as provided in the Indian Arbitration act of
the joint Arbitration one to be appointed by the Purchasers ... subject matter of arbitration of
agreement then it is imperative to refer the parties to arbitration provided the original
arbitration agreement or a certified copy
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
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
