consumer forum and arbitral award

Ranbir (Querist) 01 December 2018 This query is : Resolved
sir my matter is subjudice in consumer forum that i had filed the case five years back
the op also contested the case but while the case is pending in consumer forum the opposite party has initiated arbitral proceedings against me and got arbitral award against me without my knowledge sir what step should i take whether to proceed with consumer forum or file a petition in civil court to set aside the award passed by arbitral
the op has approached the civil court through arbitral award and taken orders
sir can op go for arbitration when matter is subjudice in consumer forum

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Isaac Gabriel (Expert) 01 December 2018
No bar.The case at Consumer forum may not be insisted. But how the arbitral award was issued without hearing the resapondent ? Better go in appeal tot he District court.

Ranbir (Querist) 01 December 2018
sir can i proceed case in consumer forum or i have to withdraw the said case

Dr J C Vashista (Expert) 02 December 2018
You can continue in Consumer Fora, however, you are required to file an appeal u/s 34 of Arbitration and Conciliation Act, 1996 before District Judge and get the arbitral award set aside.

Ranbir (Querist) 02 December 2018
Sir can i set aside the arbital
award reference to case in consumer fora

Isaac Gabriel (Expert) 02 December 2018
Consumer Forum will deal with the cases under the Consumer Protection Act

K Rajasekharan (Expert) 02 December 2018
As said already you can maintain the consumer case as it is.

Simultaneously you can approach the District Court to set aside the arbitral award under Section 34 of the Arbitration and Conciliation Act, by filing an Arbitration petition for deciding the matter without issuing notice or hearing you.

The Section 34 enlists the reasons on which you can file a petition. If the facts given here are true your case is a fit one to be taken up in a petition before the District Court.

K.K.Ganguly (Expert) 02 December 2018
1. Arbitration award is binding on you.

2. It was obtained without your knowledge or dishonestly.

3. Approach the High court against the said arbitral order praying for setting aside the same.

Kumar Doab (Expert) 02 December 2018
You can not set aside the arbitral award, as posted in your last post.
Court can, as already advised above.

Let your counsel advise you on submission and time of submission of set aside of arbitral award in consumer court, if and after it is set aside..