deprive a consumer of such benefits, would run contrary to the object
of the statute. It frees the consumer of the cumbersome arbitration proceedings ... case (supra)
is different. Consumer had got permission to withdraw a consumer complaint
to invoke arbitration, but, instead, filed a petition under section
Consumer Commission and that the Complainant was not a "consumer" within the
meaning of Section 2(1)(d) of the Consumer Protection ... arbitration clause does not bar a consumer complaint.
Consumer Fora retain jurisdiction notwithstanding Section 8 of the Arbitration and
Conciliation Act.
Point No.(iv): Misjoinder
definition of consumer under the Act
and whether the complaint is maintainable under the Consumer Protection
Act, 1986 .
2. Whether arbitration clause bars jurisdiction ... Point No.2 - Effect of Arbitration Clause
The presence of an arbitration clause does not bar remedy under the Consumer
Protection Act .
Section
curtail or override statutory jurisdiction expressly conferred upon consumer fora
under the Consumer Protection Act .
The Consumer Protection Act thus creates remedies in addition ... bills/statements;
• and the settled position regarding non-exclusion of consumer jurisdiction by
arbitration clauses.
Furthermore, several disputed factual issues touching upon alleged deficiency
appellants have been answered therein. A consumer can approach a
consumer Commission even if agreement provides Arbitration. We do
not see any reason to interfere ... initiated the process of arbitration, the
judgment recorded, the matter was apparently referred to arbitration.
12. Section 100 of the Consumer Protection Act, 2019 states
appellants have been answered therein. A consumer can approach a
consumer Commission even if agreement provides Arbitration. We do
not see any reason to interfere ... initiated the process of arbitration, the
judgment recorded, the matter was apparently referred to arbitration.
12. Section 100 of the Consumer Protection Act, 2019 states
They submitted that the matter would come under the Arbitration and Conciliation
Act, 1996 as per the Agreement for Sale.
Heard the arguments ... even if
arbitration exists, consumers can approach the Consumer Commission.
(2) Arbitration and Conciliation Act 1996 does not exclude jurisdiction of Consumer
Forum. In Experion
parties shall appoint sole Arbitrator
and said Arbitration proceedings shall be conducted under the provisions
of Arbitration and Conciliation Act, 1996 .’
5. Long thereafter ... that they had
approached the Consumer Disputes Redressal Commission at Bandra
and refused to proceed with the proposed arbitration. Thereupon, the
appellant filed the subject
CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.983 OF 2025
Ningbo Aux Imp & Exp Co. Ltd. .... Petitioner
V/S
1 Amstrad Consumer India ... Section 9 read
with Section 2(2) of the Arbitration and Conciliation Act, 1996
(Arbitration Act ) seeking interim measures for securing the awarded
sum from
from the State
Consumer Disputes Redressal Commission respectively;
13. Interim Applications filed by various other third parties, without privity
to the arbitration agreement contained ... filed in certain execution proceedings before the
Consumer Forum. Evidently, this has nothing to do with the arbitration
agreement contained
