Whether or Not Consumer Disputes Can be Settled by Arbitration; SC to Examine a Judgment of NCDRC

Published on 06 Feb 2018 by Tushar

Image result for national consumer disputes redressal commission

Image Courtesy: MoneyControl

A Division Bench of the Supreme Court of India has decided to examine the correctness of a judgment of the National Consumer Disputes Redressal Commission, New Delhi (“NCDRC”) in Aftab Singh and others vs. Emaar MGF Land Limited and others which has inter alia held that consumer disputes are not capable of being settled by arbitration.

The matters arose out of certain complaints filed before the NCDRC by individual allottees of villas/flats/plots in a residential project in Gurugram/Mohali. The complainants alleged that the Builder (the appellant before the Supreme Court) had failed to deliver possession of the villas/flats/plots by the dates committed in the Flat Buyers Agreement and had sought delivery of possession, or in lieu thereof, refund of the amounts deposited by them along with compensation.

The Builder, in response, referred to the existence of an arbitration agreement in the Flat Buyers Agreements with the individual allottees and sought reference to arbitration, relying upon the amended sub-Section (1) of Section 8 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”).

The batch matters were referred by a Single Member of the NCDRC to a three member Bench.

Source: Barandbench


Related News Posts

Browse through other related News posts here


Top Legal Queries

Get answers from the best experts within minutes!

Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.


© Legistify Services Pvt. Ltd.

Home|About|Contact

function gtag() {dataLayer.push(arguments)}