being a special remedy, despite there being an
arbitration agreement the proceedings before
Consumer Forum have to go on and no error
committed ... Consumer Forum on rejecting the
application. There is reason for not interjecting
proceedings under Consumer Protection Act on the
strength an arbitration agreement
Complainant is not a Consumer within the
provisions of the Consumer Protection Act, 1986 ; (b) that there exists
an Arbitration Clause in the Arrangement which ... which the same shall be settled through
arbitration. The arbitration proceedings shall be
governed by the Arbitration & Conciliation Act, 1996 ,
or any statutory amendments
which the same shall be settled through
arbitration. The arbitration proceedings shall be
governed by the Arbitration & Conciliation Act, 1996 ,
or any statutory amendments ... Consumer Forum on rejecting the
application. There is reason for not interjecting
proceedings under Consumer Protection Act on the
strength an arbitration agreement
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
Equivalent citations: AIR
that once the matter had been decided in an Arbitration, the Complaint in the Consumer Forum was not maintainable. This Commission in Instalment Supply ... case is whether a complaint can be decided by the Consumer Fora after an arbitration award is already passed. The simple answer to this question
face of existence of the provisions of settlement of dispute through arbitration, this consumer complaint is not maintainable.
that the complainants failed to move demand ... been held that an Arbitration Clause in the Agreements cannot circumscribe the jurisdiction of a Consumer Fora notwithstanding the amendments made to Section
agreed consideration. His client
approached the State Consumer Forum. The developer thereafter
wanted reference to arbitration contending that the agreement had the
clause. The application ... required to be
recognized that the Consumer Protection Act ,
impliedly barred the application of the Arbitration
Act ."
He submits his client is entitled
parties excludes the jurisdiction of the consumer
forum and on an application made by either party, the
consumer forum is duty bound to make ... file a complaint under the
Consumer Protection Act . If the grower opts for the remedy of
arbitration, then it may be possible to say that
being a special remedy, despite there being an
arbitration agreement the proceedings before
Consumer Forum have to go on and no error
committed ... Consumer Forum on rejecting the
application. There is reason for not interjecting
proceedings under Consumer Protection Act on the
strength an arbitration agreement
Arbitration and Conciliation Act,
1996 . Arbitration as aforesaid shall be a domestic
arbitration under the applicable Laws.
e hat the venue of arbitration shall ... dispute has to be decided by
means of arbitration. However, remedy
provided under the provisions o
Consumer Protection Act is
additional remedy
