consumer protection act
Dinesh Sahrawat
(Querist) 26 November 2008
This query is : Resolved
If a case is adjudicated by the arbitrator, then whether the same case can entertained by the consumer court ?
A. A. JOSE
(Expert) 27 November 2008
Exact facts involved in the case and the points for which such complaint is proposed to be filed before the consumer court are inevitable to answer this please.
Tribhuwan Pandey
(Expert) 27 November 2008
Both are different matters but you have not disclose the facts of the matter.
Arbitration can invoke when there is an agreement between the parties having an arbitration clause.
consumer cases where there is defect in service or product.
you may file cases more than one on a single person on different cause of acion.
G. ARAVINTHAN
(Expert) 27 November 2008
Facts of the case not sufficient for knowing whether the matter relates to Arbitration Act or Consumer Protection Act
Murali Krishna
(Expert) 27 November 2008
An award passed by an arbitrator is a deemed decree and can be executed like a decree of a civil court.
Arbitrator, though cannot be considered as a court, but in view of the above, Consumer forum cannot sit over the award passed by him as an appellate forum.
Further, as Tribhuwan C Pandey said, the jurisdictions of both the fora are different in many ways. One is under ADR mechanism. Of course, before an arbitrator, you can settle a case of deficiency of service, but once such case is settled by arbitrator, consumer forum cannot sit over it.
J K Agrawal
(Expert) 14 December 2008
Consumer court has concurrent jurisdiction and the remedy is additional to other remedies available. So a case can be filed in both civil court and consumer court. Only thing is that the consumer court while deciding compensation, will consider the relief already given to the complainant by other court.
