ARBITRATION CLAUSE
vikas mishra
(Querist) 19 September 2009
This query is : Resolved
Hi, all if there is arbitration clause in the agreement with the builder is the suit for deficincy in service in consumer courts is barred due to this clause, the builders advocate claims that matter should be refferd to arbitration.riven
DD Sathe
(Expert) 19 September 2009
Normally in contracts when arbitration clause exists, courts do not entertain the case, unless arbitrator's credibility and unbias is questioned.riven
vinjamuri ranga babu
(Expert) 19 September 2009
hi,
I am sorry to that who said that CF has no jurisdiction. KIndly, go through Sec.2 of CP Act, which clealry shows that CP act is in addition to the other law are prevailed and not derogation of any other law. file a case before Consumer Forum. all the best
all the best
vrriven
H. S. Thukral
(Expert) 19 September 2009
Sh. Vinjamuri is right. Suggested reading Skypack Couriers v Tata Chemicals 2002 AIR (SC) 2008riven
Sachin Bhatia
(Expert) 19 September 2009
No such clause restrain you from approaching to the consumer forum. File your case before D.C.D.R.F.riven
Bhumik Dave
(Expert) 19 September 2009
U can file complaint in cf.riven