CiteTEXT
...are bound to refer the dispute raised in the complaint, once an application under Section 8 of the Arbitration and Conciliation Act, 1996, is filed b...Arbitration and Conciliation Act, 1996. His first submission is that the Consumer Protection Act, 1986 has itself...Arbitration and Conciliation Act, 1996, the legislature has not taken away the said remedy.18. Preamble to the C.P Act shows that this legislation is meant to provide for better protection of the interests of consumer...
...question whether the existence of an arbitration clause contained in the agreement executed between the parties excludes the jurisdiction of the consumer forum and on an application made by either party...of the Arbitration and Conciliation Act the dispute arising out of the arbitration clause had to be referred to an appropriate arbitrator and the District Consumer Forums were not entitled to...complaint in the first instance before the competent Consumer Forum, then he cannot be denied relief by invoking Section 8 of the Arbitration and Conciliation Act, 1996. Moreover, the plain language of Section 3 of the ...
...R.K Gauba, J.:— These appeals have been brought before this Court invoking Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration & Conciliation (Amendment) Act, 2015, to assail...appellants herein seeking a reference under Section 8 of Arbitration and Conciliation Act, 1996 of the disputes which are the subject matter of consumer complaints of the respondents against the...question of law as to whether Section 8(1) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration & Conciliation (Amendment) Act, 2015 mandates the consumer forum constituted under the...
...Consumer Protection Act, 1986 and having obtained an order in his favour granting compensation, petitioner can have recourse to proceeding for ...Consumer Protection Act and obtaining an award in favour, it is open to petitioner to fall back on arbitration clause and claim add...has been enacted and the Consumer Forum has jurisdiction to adjudicate on merit of claim in spite of availability of arbitration proceedings. The Apex Court held that matter need not be referred to the...
...consumer complaint is not maintainable as the arbitration proceedings are going on. Secondly, the State Commission has held that the machine was purchased for commercial purpose and therefore... Arbitration and Conciliation Act, 1996 Act. Moreover, the plain language of Section 3 of the Consumer Act makes it clear that the remedy available in that Act is in addition to and...Case (supra), the Hon'ble Supreme Court in the context of the provisions of the C.P. Act and in particular Section 3 of the Act and Arbitration Act of 1940 has held that the Consumer Fora...
...that the reliance on this ruling is misplaced. In that case there was a clause of arbitration and so it was argued that the party should have resorted to arbitration and consumer forum was not...litigant to chose either arbitration or consumer forum. There is no dispute regarding this position. 05. However, once a party approaches an arbitrator and obtains an award, interim or...outstanding loan amount. Thus in respect of the dispute between the complainant and O.P. No-2, arbitration proceeding is already initiated and interim award is also passed. Under such circumstances, the...
...1. These applications and the consequential reference to a larger Bench are triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration and Conciliation Act, 1996 (for short the “...Consumer Act, to refer parties to Arbitration in terms of valid Arbitration Agreement, notwithstanding other provisions of the Arbitration Act and the provisions of the Consumer Act...Arbitration Act. Thus, they assert, that Section 3 of the Consumer Act still occupies the field.11. The Complainants point to the legislative history and intent of the...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...that the reliance on this ruling is misplaced. In that case there was a clause of arbitration and so it was argued that the party should have resorted to arbitration and consumer forum was not...litigant to chose either arbitration or consumer forum. There is no dispute regarding this position. 05. However, once a party approaches an arbitrator and obtains an award, interim or...outstanding loan amount. Thus in respect of the dispute between the complainant and O.P. No-2, arbitration proceeding is already initiated and interim award is also passed. Under such circumstances, the...
...Section 3 of the Act and Arbitration Act of 1940 has held that the Consumer Fora created under the C.P. Act are at liberty to proceed with the matter in accordance with the provisions of the Act rather...Section 8 of the Arbitration and Conciliation Act, 1996 and argued that in view of the arbitration clause contained in the agreemen...should have non-suited them in view of Section 8 of the Arbitration and Conciliation Act, 1996. held that the complaint filed under the C.P. Act would be maintainable and the consumer cannot...
...the Arbitration Act recognises schemes under other legislations that make disputes non-arbitrable; and (iv) in light of the overall architecture of the Consumer Act and court-evolved jurisprudence...and the builder cannot circumscribe the jurisdiction of a Consumer Fora, notwithstanding the amendments made to Section 8 of the Arbitration Act.”8. After the...that consumer disputes may not be submitted to arbitration, the law as explained in National Seeds Corpn. Ltd. (2012) 2 SCC 506 and in...
...provisions of the Act of 1986, Arbitration Act, 1996 and Arbitration Act, 1940 held as under: 15. Accordingly, it must be...intends to Misc. Application No.1587 of 2015 Consumer Complaint No.73 of 2015 relieve the consumers of the cumbersome arbitration proceedings or civil action unless the forums on their own and on the...observed as under :- 2......... Even if there exists an arbitration clause in an agreement and a complaint is made by the consumer, in relation to a certain deficiency of service, then the existence...
...telephone Bills, apparatus will have to be settled by Arbitration and Consumer Fora has no jurisdiction. It is true that the Complainant had applied for Telephone connection on 13.11.2002. Connection was...Date of Filing : 13.09.2010 Date of Order : 25.07.2011 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM, BANGALORE 560 020 Dated 25 JULY 2011th PRESENT...Town, Yelahanka, Opposite PartiesBangalore 560 064. ORDER (By the President Sri. S.S. Nagarale) This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act...
.... However, if he chooses to file a complaint in the first instance before the competent Consumer Forum, then he cannot be denied relief by invoking Section-8 of the Arbitration and Concilation Act, 1996 Act. Moreover, the p...the provisions of the C.P. Act and in particular Section-3 of the Act and Arbitration Act of 1940 has held that the Consumer Fora created under the C.P. Act are at liberty to proceed with the matter...para 31 of the judgment:-
The Ld. Counsel relied upon Section-8 of the Arbitration and Concilation Act, 1996 and argued that in view of the arbitration clause contained in the agre...
...and Conciliation Act, 1996 (in short ‘Arbitration Act, 1996’). The District Consumer Forum dismissed Miscellaneous Application No. 264 of 2014 under...dated 30.04.2014 (Annexure P-8) and the District Consumer Forum has no jurisdiction to decide the same in view of arbitration clause contained in Clause 33 of the “plot buyer's agreement”. The...exists an arbitration clause in an agreement and a complaint is made by the consumer, in relation to a certain deficiency of service, then the existence of an arbitration clause will not be a bar to the...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...the Commission itself. Even if there exists an arbitration clause in an agreement and a complaint is made by the consumer, in relation to a certain deficiency of service, then the existence of an..., which resulted in a variety of consumer goods appearing in the market to cater to the needs of the consumers. The modern methods of advertisement in media, influence the mind of the consumers and...consumer and to protect the consumers from the exploitation to provide protection of the interest of the consumers, Parliament enacted the Consumer Protection Act, and the Act itself makes provision...
.... Applications for framing preliminary issues and dismissal of complaint as well as for resolving the issue through Arbitration. in/and
Consumer Complaint under Section...Protection Act, 1986 (in short 'Consumer Act') and applicability of the provisions of Arbitration Act, 1996 in view of the agreed Arbitration Clause and agreement between the parties that the issue...dispute to Arbitration and Judicial Authority includes Consumer Forum also. It was further followed in the judgment "Auro Developers Vs. Mala Mukerjee" and in case CO No. 223 of...
...legislature was aware of the Consumer Protection Act, 1986 (for short “the 1986 Act “), when the Arbitration and...in the given circumstances of the case and that the Arbitration Act is a special Act, it prevails over Consumer...Sections 5 and 8 of the Arbitration and Consumer Protection Act. Placing reliance on the decision reported in Morgan Securit...
Can't display summary as content is Scanned, Please open the judgment to see full content.