Complaints filed under Consumer can also be proceeded with despite there being any arbitration agreement between the parties.

Citation

AIROnline 2018 SC 828

SUPREME COURT

UDAY UMESH LALIT , J. and ASHOK BHUSHAN , J.

REVIEW PETITOIN (C) - 2629 of 2018 D/- 10 - 12 - 2018

Emaar Mgf Land Limited v. Aftab Singh

(A) Arbitration and Conciliation Act (26 of 1996), S.8 - (Amended By Act 3 of 2016) - Consumer

protection-Complaints filed under Act of 1996 can also be proceeded with despite there being

any arbitration agreement between the parties.

 (Para 27) 

(B) Arbitration and Conciliation Act (26 of 1996), S.8(1)(2), S.11(6A) - (amended By Act 3

of 2016) - Amendment-Legislative intent and object-Discretion of Judicial Authority to refuse

arbitration, minimise in respect of jurisdiction exercise by judicial authority in reference to

Section 8.

 (Paras 46, 47, 49) 

(C) Arbitration and Conciliation Act (26 of 1996), S.8 - (amended By Act 3 of 2016) - Reference to

arbitrator-If person, party to arbitration agreement does not opt for additional/special remedy

which he entitled to seek, no inhibition in disputes being proceeded in arbitration.

 (Para 55)