Supreme Court of India
Smt. M. Hemalatha Devi & Ors. v. B. Udayasri
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the abovestated legal position, the National Commission did not commit a ny error by holding that the remedy of arbitration available to the complainant does not bar the juris diction of the consumer forums and the consumer forums are not under an obligation to refer the matter to the Arbitral Tribunal.
Judgment, page 23
From the headnote
Issue for consideration: Whether the dispute between the parties is arbitrable, and once a party has availed the remedy before a public forum under a special benefi cial legislation, can it be compelled to go for arbitration. Consumer Protection Act, 2019 – Consumer Protection Act, 1986 – Arbitration Act & Conciliation, 1996 – s.11(6A), 8(1) – Arbitrability of consumer dispute – Constructed house/villa was not handed over to the buyer/consumer-respondent on time – Later, builder te rminated the agreement and the appellants-builders/owners fi l ed application u/s.11(5), (6), Arbitration Act,
Authorities it was built on
- 2005 M/s. S.B.P. and Co. v. M/s. Patel Engineering Ltd. and Anr.
- 1993 State of West Bengal and Ors. Etc. Etc. v. Aghore Nath Dey and Ors. Etc. Etc.
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2016 A. Ayyasamy v. A. Paramasivam & Ors.
- 2018 Ameet Lalchand Shah and Others v. Rishabh Enterprises and Another
- 2018 M/s. Emaar Mgf Land Limited v. Aftab Singh
- 2000 Skypak Couriers Ltd. Etc. Etc. v. Tata Chemicals Ltd. Etc. Etc.
Where later benches applied it
- 2025 M/s Citicorp Finance (india) Limited v. Snehasis Nanda
- 2023 Sushma Shivkumar Daga & Anr. v. Madhurkumar Ramkrishnaji Bajaj & Ors
Of those, 1 referred to · 1 mentioned
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