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

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Dec 31, 2018

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.

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