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r.sankaranarayanan (Official)     10 March 2024

Consumer court matter - credit card fraud-arbitration appointed by card company

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



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     10 March 2024

Both the above judgements are reported in live law website.

It is a payment site hence you may not get free access to it 

Therefore you try to get the judgements through Indian kaanoon website.

Dr. J C Vashista (Advocate )     11 March 2024

You will have to search on some other site if you cannot get it from the case reference of SC / NCDRC.

Kartikey Tiwari   11 March 2024

consumer disputes not arbitrable


Attached File : 1030918 20240311164259 581220232150147347finalorder05 oct 2023 1 499034.pdf downloaded: 43 times

r.sankaranarayanan (Official)     11 March 2024

Thanks for the reply.I appreciate

Regards

.Shankar

T. Kalaiselvan, Advocate (Advocate)     11 March 2024

You are welcome for your appreciations. 

r.sankaranarayanan (Official)     15 March 2024

Your email is irrelevant.

S


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