Arbitration issue


I took one apartment and Signed Builder Buyer Agreement, in which for Any dispute Arbitration clause is there.

About one year before some dispute arises, and i went in Consumer court. In between after 10 Months of Consumer court hearing process, builder also initiated Arbitration process. I participated in Arbitartion hearing , but in two hearing (till now) he didn't came. I want to come out from this arbiration process and want to take justice only from Consumer court. I am dountful about this process..

I requested Arbirator to close the case, but he denied. Can i deny for Arbitartion ? Any supreme court law, which support my view..Any URL Link..

 

BR,

Rajneesh

 
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Advocate/Attorney

No, you cannot deny the arbitration clause. Once artbitration clause is there, you have to follow it.  There is no scope for Consumer case. 

 
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ADVOCATE AND CORPORAE ADVISOR

You have to submit yourself to Arbitrator and His proceedings. courts are hving supervisory powers and you cannot stop the arbitration proceedings because you opt for consumer court. In point of fact the consumer court may direct you to Arbitration when there is a specific arbitration clasue. The court can direct you to arbitration.

If the builder is abstianing himself without reason without leave of Hon.Arbitrator, Arbitrator is having pwoer to give his verdict/award ex-parte.

Thus better you attend arbitration and present your case you will get justice much more expeditious manner than other courts

DR VEDULA GOPINATH advocate/arbitrator  Vizag ap now camping in USA

 

 



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    Advocate

    Once you consented and thereby accepted arbitration clause in the agreement you cannot escape from such legal bindings and cannot abruptly go to consumer court for relief.

     
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    I too agree with the opinions of the experts who have opined that you  cannot skip the legal binding so the arbitration clause, get your case concluded through arbitrator itself instead of wasting time before other legal forums. 

     
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