Validity of Arbitration Clause

You may file your claim before the consumer forum. The existence of Arbitration Clause bars a civil suit but not the complaint before the consumer forum. Vishwa Bhushan Arya

In your case there is delay by the builder which amounts to negligence and hardship. This type of matters can be referred to consumer courts even if an arbitration clause is there in the agreement. The arbitration clause is for other disputes and not for negligence etc.,

Dear Gentleman:

Negligience is a cause of action covered within the dispute even where there is arbitration clause unless the clause specifically excludes the same.

 

Mr. Vishwa Bhushan Arya, I feel that Negligence is not covered within a dispute. Dispute is something different from negligence. Due to Negligence, delay and other disputes arise. There will not be any clause in any agreement excluding the negligence clause.

Further What I meant is that the delay caused by the builder will give rise to a cause of action in the consumer court wherein one can claim damages for negligence and other matters. Instead of going for cancelling the agreement a case can be filed in the consumer court for the delay.

 

Please approch the CONSUMER COURT.

I empresed to read your article.

lpo

Can anyone of you elaborate the contention of referring the dispute to consumer court by siting legal provisions including the relevant sections. Under which act and section, can a person proceed to consumer courts in conditions where arbitration clause already exist.

See 1994(1)CPR 357 RAM NATH VS IMPROVEMENT TRUST. BATHINDA

Mr Govind you should approach Consumer court