VIJAY KUMAR (SELF EMPLOYED) 01 November 2016

Arbitration and con. (amendment) 2015 & consumer forum

Respectable members, consumer forum was not bound to refer consumer case filed in consumer forum by complainant to arbitration even after consent was given in Builders Buyers Agreement as per my best knowledge. But after Arbitration and Conciliation (Amendment) 2015 passed in Dec. 2015, is it same now or consumer forum is now bound to refer consumer cases to arbitration if request is made by opposite party in consumer forum ? Please throw some light on the situation. If there is any judgement in this regard please share......thanks

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4 Replies

Kishor Mehta (CEO) 02 November 2016

Sir,

If the registered agreement, between the parties, has a specific clause which specifies that recourse to arbitration should be taken in case of differences, then the opposite party can request the Consumer Forum and the Forum may pass an order accordingly.

Good Luck,

Kishor Mehta

jyotirmaya behera (advocate) 02 November 2016

if in the agreement maintained regarding the dispute and that dissolve by way of arbitration that can not be adjudicate in other forum . If any consumer file cases in consumer forum that can not be the proper jurisdiction to adjudicate. The jurisdiction as per the agreement is section 11 of the act.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

VIJAY KUMAR (SELF EMPLOYED) 04 November 2016

@ Kishor Mehta & Jyotirmaya................sir, consumer court is additional remedy & not bound to refer case to arbitration even after getting request to refer case to arbitration on the basis of agreement signed by parties before Arbitration and Conciliation (Amendment) 2015 passed in Dec. 2015 and as per my best knowledge even Hon'ble Supreme Court has refused to direct consumer forum to refer case to arbitration before this amendment, just want to know is it the same even after Arbitration and Conciliation (Amendment) 2015 passed in Dec. 2015 or not?...................................thanks to paying your attention.