Legal Question in Real Estate Law in India
My client is a builder. He entered into an apartment construction agreement with Mr. A. The agreement contains an arbitration clause. There have been some disputes between Mr. A and the builder, due to which Mr. A approached the Consumer Court. Can my client argue before Court that since the agreement has an arbitration clause, the Consumer Court will not have jurisdiction
1 Answer from Attorneys
Consumer Court is a Special Court, constituted to give effective redressal to the Consumer. This being a Special Statute, Jurisdiction Clause, Arbitration Clause do not ouster the Jurisdiction of Consumer Court. Though you may still argue your point, but, decision may be otherwise. There is Judgment of National Commission, that Jurisdiction clause do not affect the Jurisdiction of Consumer Courts.
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