There had been an online fraud commtted by somebody using my credit card. I had disputed the transactions. I have filed a case in Consumer Court in the year 2022. The matter is still on. Last date the President suggested to settle the matter with the card company which I had refused since I had not utilised the card and somebody had fraudulently used the card details (when the card was in my possession only) for online transactions. Three days back I had received a cover enclosing the Award pronounced by the Sole arbitrator appointed by the card company about which I was not informed though the arbitrator had mentioned in the Award that I was intimated by email about his appointment and he had intimated about various dates of hearing which I did not attend. I will be replying to him suitably.. I am guided by the following articles/newsitems
(1) Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration : Supreme Court Sheryl Sebastian 18 Oct 2023 10:59 AM
https://www.livelaw.in/supreme-court/consumer-disputes-are-non-arbitrable-consumers-cant-be-compelled-into-arbitration-supreme-court-240433?infinitescroll=1
(2) NCDRC: The Presence Of An Arbitration Clause In The Agreement Does Not Bar The Jurisdiction Of The Consumer Fora Smita Singh 4 May 2023 8:45 PM
https://www.livelaw.in/consumer-cases/failure-to-inform-change-in-bus-root-and-process-refund-shimla-district-commission-holds-redbus-and-himachal-road-transport-commission-liable-251709?infinitescroll=1
I request the learned members in this forum to let me know the full judgment of above mentioned newsitems cited above and also guide me how to go about the matter.
Regards
Shankar
