Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Consumer Protection Act, 1986 – Consumer disputes, whetherarbitrable or not – Appellant-company was developing an integratedtownship – Respondent submitted an application for allotment ofvilla – In Buyer’s agreement, there was an arbitration clauseproviding for settlement of disputes between the parties underArbitration and Conciliation Act, 1996 – Respondent filed complaintbefore the National Consumer Disputes Redressal Commission(NCDRC) – Appellant filed an application u/s.8 of the 1996 Act forreferring the matter to the Arbitration – NCDRC rejected theapplication u/s.8 of the 1996 Act and held that in the light of theConsumer Act and Court-evolved jurisprudence, amended subsection(1) of s.8 cannot be construed as a mandate to the ConsumerForums, constituted under the Act, to refer the parties to Arbitrationin terms of the Arbitration agreement – Propriety of – Held: Proper– Amendments u/s.8 of the 1996 Act were aimed to minimize thescope of judicial authority to refuse reference to arbitration andonly ground on which reference could have been refused was thatit prima facie finds that no valid arbitration agreement exists – But,amendment in s.8 cannot be given such expansive meaning andintent so as to inundate entire regime of special legislations wheredisputes were held to be non-arbitrable – However, in the event aperson entitled to seek an additional special remedy provided underthe statutes does not opt for the additional/special remedy and he isa party to an arbitration agreement, there is no inhibition in disputesbeing proceeded in arbitration – It is only the case where specific/special remedies are provided for and which are opted by anaggrieved person that judicial authority can refuse to relegate the parties to the arbitration – Thus, complaint under ConsumerProtection Act being a special remedy, despite there being anarbitration agreement the proceedings before Consumer Forum haveto go on – No error committed by the NCDRC in rejecting applicationfiled by appellant u/s.8 – Arbitration and Conciliation Act, 1996 –Amended s.8 by the Arbitration and Conciliation (Amendment) Act,2015. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 1184 |
Petitioner | M/s Emaar Mgf Land Limited |
Respondent | Aftab Singh |
SCR | [2018] 14 S.C.R. 791 |
Judgement Date | 2018-12-10 |
Case Number | 23512-23513 |
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