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satish verma (service)     06 February 2009

whether consumer forum has jurisdiction to hear parties who have entered arbitration agreement.

whether consumer forum has right to hear parties who have entered arbitration agreement.


 30 Replies

satish verma (service)     06 February 2009

 whether a partnership firm can be converted to a limited company particularly when the partnership deed is not registered.

Murali Krishna (Govt..Employee)     06 February 2009

 Dispute befor consumer forum can be for deficiency of service. If for the same dispute, arbitration is provided, parties have the recourse to arbitration.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     06 February 2009

Yes the DCDRF are adjudicating the disputes even in case they have arbitration agreement.  For instance disputes regarding excess telephone bills, though there is arbitration clause, the DCDRF are adjudicating quashing bills.

kumar sachin (lawyer)     07 February 2009

mr perumal is right

Manish Singh (Advocate)     09 February 2009

if there is a "dispute"  between the parties then they are bound to go for arbitration first instead of knocking any court's door if there is an arbitratio clause. but look whther in your case the subject matter could be termed as dispute or not.

regarding converting of an unregistered firm into a ltd co. you are always free to do the same.  

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     09 February 2009

if there is an arbitration clause consumer court cannot hear the case

adv. rajeev ( rajoo ) (practicing advocate)     09 February 2009

u can convert ur partnership firm to limited co,

Vinod Singh Tomar (Advocate & Legal advisor)     09 February 2009

It depends upon the clauses of agreement. Civil Court or consumer forum will look upon the agreement and its clauses. If as per the agreement, disputant is coming under the consumer protection act and further in accordance with the provisions.clauses of agreement, the consumer forum will have jurisdiction primarily. Secondarily, if the nature of dispute is of civil nature, the civil court has jurisdiction to decide the dispute. But clauses of the agreements must be seen in the light of legal provisions and they should not be contrary to prevailing laws.

sanjay singh thakur (advocate)     09 February 2009

without any doubt yes.

Manish Singh (Advocate)     10 February 2009

Dear Mr. Tomar,

your opnion is not supported by the Arbitration & Conciliatian Act.

Manish Singh (Advocate)     10 February 2009

 Dear Mr. Tomar,

your opnion is not supported by the Arbitration & Conciliation Act.

Rajesh Kumar (Advocate)     15 February 2009

Well, liability under Consumer protection laws is a tortious liability, where as arbitration is all about contractual liability. They are independent of each other. Remember Donogue v. Stevension

Rajneesh Malhotra (Advocate)     23 March 2009

The Consumer court has the jurisdiction, unless its specifically barred because if you see the Act, it states that the Act is an ""additional remedy"". 

Keeping in view the same, jurisdiction of the consumer forum can be invoked.

However if the dispute is being raised at both places by the same party for the same cause of action, then the court is well within its jurisdiction not to entertain the complaint.

Ashey   31 March 2009

if any awarded is passed by the arbitrator .. which court has got jurisdiction to set aside the award ?

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