SC holds Jurisdiction of Consumer Courts cannot be Curtailed Despite Existence of Arbitration Agreement

The SC, in its decision dated December 10, 2018, in Emaar MGF Land Limited v. Aftab Singh[1] has held that the remedy available to a consumer under the Consumer Protection Act, 1986 (‘CPA’) is a special remedy in law. Hence, the jurisdiction of consumer courts cannot be curtailed despite the existence of an arbitration agreement between the parties to a dispute. The SC  further stated that the 2015 amendment to Section 8 of the A&C Act were not to override special / additional remedies provided under different statutes, including the CPA.

[1] 2018 SCC OnLine SC 2771.

Published In:Inter Alia - Quarterly Edition - December 2018 [ English Chinese japanese ]
Date: December 31, 2018