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
Arbitration and Conciliation Act for resolution of such
11
dispute by way of arbitration as per the arbitration agreement between the parties. In those cases ... arbitration agreement executed between the parties is arbitrable as per the
said arbitration agreement. The learned District Consumer Redressal Forum is, thus, directed to
refer
party filed an application under
Section 12 of the Consumer Protection Act before the
District Consumer Disputes Redressal Forum, Barasat
complaining ... Disputes Redressal Forum should refer the matter to
arbitration. The District Consumer Disputes Redressal
Forum, without adverting to the aforesaid applications
filed under Sections
dispute to arbitration."
7.3. True that this decision was related to arbitration but that would
not preclude the Consumer Forum to be placed ... relation to
arbitration then there cannot be any bar of its being equally true in
relation to a proceeding before the Consumer Forum
District Consumer Disputes
Redressal Forum, South 24 Parganas in Case No.85 of 2011
thereby rejecting the application under Section 8 of the
Arbitration ... question of referring the
dispute to arbitration arises at all. Above all, as per
Section 3 of the Consumer Protection Act, the provision
writ petition contained an arbitration clause:-
"Should any dispute or difference arise between the Board and the
Consumer relating to any of the matters ... appointed by each party
to the dispute and the provisions of the Arbitration Act, 1940 shall
apply to such agreement in all other respects
third party as yet;
vi) that parties also taken recourse of Consumer disputes
redressal commission;
vii) that since no case of cheating is made ... that the merely because the matter was
taken to consumer redressal forum or an arbitration proceeding, criminal
prosecution against the petitioners is not prohibited when
referred to arbitration.
Mr. Basu sought to stretch it further by mentioning that this could very well be extended
while interpreting Consumer Protection ... 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
Engineers (P) Ltd. And Anr vs State Of West Bengal And Ors on 18 February
Limted vs Sudarshan Pahari & Another on 21 August, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar
