M/S. EMAAR MGF LAND LIMITED versus AFTAB SINGH

M/S. EMAAR MGF LAND LIMITED versus AFTAB SINGH

Consumer complaints under the Consumer Protection Act, 1986 constitute a special remedy and remain non-arbitrable even after amendments to Section 8 of the Arbitration and Conciliation Act, 1996; Consumer Forums are not mandated to refer such disputes to arbitration merely because an arbitration agreement exists.

Parties
Appellant: M/S. Emaar MGF Land Limited; Respondent: Aftab Singh
Jurisdiction
India
Judgment Date
10 December 2018
Procedural Posture
Review Petition (civil) / Supreme Court Review of Prior Supreme Court Dismissal of Civil Appeals, Arising From NCDRC Orders
Outcome
Review petitions dismissed
Legal Topics
Arbitrability of Consumer Disputes, Jurisdiction of Consumer Forums, Section 8 Arbitration and Conciliation Act, Remedies Under Consumer Protection Act
Consumer Protection Arbitration Arbitrability of Consumer Disputes Jurisdiction of Consumer Forums Section 8 Arbitration and Conciliation Act Remedies Under Consumer Protection Act

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Parties

M/S. Emaar MGF Land Limited

Appellant

Aftab Singh

Respondent

Procedural Posture

Review Petition (civil) / Supreme Court Review of Prior Supreme Court Dismissal of Civil Appeals, Arising From NCDRC Orders

Legal Issues

  1. 1 Whether consumer disputes are arbitrable under the Arbitration and Conciliation Act, 1996, in light of amendments to Section 8
  2. 2 Whether Consumer Forums must refer parties to arbitration in presence of an arbitration clause
  3. 3 Whether amendments to Section 8 override the jurisdiction and remedies under the Consumer Protection Act, 1986

Ratio Decidendi

Consumer complaints under the Consumer Protection Act, 1986 constitute a special remedy and remain non-arbitrable even after amendments to Section 8 of the Arbitration and Conciliation Act, 1996; Consumer Forums are not mandated to refer such disputes to arbitration merely because an arbitration agreement exists.

Court Disposition

Review petitions dismissed

Orders

  • No error found in orders of NCDRC rejecting the application under Section 8.
  • No grounds to review prior Supreme Court dismissal of civil appeals.