arbitration in the case when there exists the arbitration clause in the arbitration agreement. It does not bars oust the jurisdiction of the Consumer Court ... arbitration system to be an arbitration-friendly hub. This also draws our attention towards the fact that the arbitration shall be made a more consumer
passing of an
arbitration award or after initiating arbitration proceedings. So, this commission
rely upon the Judgment of The National Consumer Disputes Redressal
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Commission ... Arbitration and ConciliationAct.
15. So, the District Commission was wrong in deciding the complaint which was
filed after arbitration proceedings and arbitration award as such
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
District Consumer Court.
In fact the matter was already disposed of by the Ld. District
Consumer Court at Jalgaon when the arbitration proceedings were
initiated ... District Consumer Redressal Forum and
thereafter the State Consumer Dispute Redressal Forum, the Ld.
Arbitrator could not have proceeded with the arbitration proceedings
Consumer Protection Act " is definitely a piece of welfare legislation with the
primary purpose of protecting the interest of a consumer. Consumer disputes ... special legislation such as the Consumer Protection Act , it still has to be
referred for arbitration. In para 59 of Emaar-3, it was stated
resolution of disputes through
Arbitration; or that they elected not to enforce their statutory rights under
the Arbitration Act ."
24. In the case ... consumer and that they can
either seek reference to arbitration or file complaint under the Consumer
Protection Act . The judgments of the Delhi High Court
entertain this petition. However, the petitioner may approach the Consumer Forum or initiate arbitration proceedings, in accordance with law.
4. With liberty to the petitioner ... approach the Consumer Forum or initiate arbitration proceedings, in accordance with law, this petition is consigned to record.
(Om Prakash Shukla, J.) (Vivek Chaudhary
entertain this petition. However, the petitioner may approach the Consumer Forum or initiate arbitration proceedings, in accordance with law.
4. With liberty to the petitioner ... approach the Consumer Forum or initiate arbitration proceedings, in accordance with law, this petition is consigned to record.
(Om Prakash Shukla, J.) (Vivek Chaudhary
issue involved in this
appeal is regarding jurisdiction of Consumer Commission to entertain a
consumer complaint after passing final award passed in an arbitral
proceedings ... proceedings had already been passed,
before filing of the consumer complaint, under these circumstances, the
consumer complaint filed against the financer is not maintainable
very carefully.
Observations/findings of this Commission:-
Arbitration:-
7. The objection regarding the applicability of arbitration in
consumer disputes has already been conclusively resolved ... made to
Section 8 of the Arbitration and Conciliation Act, 1996, which ordinarily
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mandates referral to arbitration where an agreement to that effect exists
