Legal Question in Consumer Law in India
customer used the service for commercial use filed consumer case
dealer of the company who has entered in to an agreement and agreed for an arbitration if any dispute arise, but he has filed consumer case against the company.kindly clarify that the dealer has the right to file a consumer case
3 Answers from Attorneys
Re: customer used the service for commercial use filed consumer case
It is not a consumer dispute since apparently we are dealing here with business supply/dealership, which is outside the purview of Consumer Protection Act, 1986. Commercial transactions are not covered by the CPA.
You say the case has been filed. Has the court issued notice to the opposite party? On the facts of the case as given by you, the consumer Forum/Commission should not admit the complaint.
Dr. M C Gupta
MBBS [AIIMS], MD, Internal Medicine [AIIMS], MPH [San Carlos Univ.]
LL.B. [DU], LL.M. [KUK]
Fellow, United Nations University
Ex-Professor & Dean:
National Institute of Health and Family Welfare
Ex-Additional Professor:
All India Institute of Medical Sciences
Advocate
Health and Medico-legal Consultant
Member, Supreme Court Bar Association
Member, Indian Law Institute
http://www.medindia.net/myhome/mcgupta44
www.writing.com/authors/mcgupta44
Re: customer used the service for commercial use filed consumer case
No he can not go to consumer court if there is a specific agreement for arbitration.
Re: customer used the service for commercial use filed consumer case
If the parties to the contract have mutually agreed to refer a dispute arising out of the contract to Arbitration, then they relinquish the right to approach any other forum.
Related Questions & Answers
-
Is payer of property tax a consumer? The Municipal Corporation of Delhi admittedly... Asked 6/15/06, 11:49 am in India Consumer Law
-
ICICI Credit Card-Auto debit from savings account without intimation or approval... Asked 3/23/06, 1:13 pm in India Consumer Law
-
Pre-Payment Penalty Legitimacy We have financed certain machinery from a company... Asked 3/23/06, 5:19 am in India Consumer Law
-
Relaince telephone bills not paid sir i used relaince phone to do the business of... Asked 11/30/05, 8:04 am in India Consumer Law
-
U t p advice me, if i buy a car and the car's engine turns out to be defective... Asked 10/17/05, 4:47 am in India Consumer Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
