In a landmark Judgement, the district consumer redressal forum Chengalpattu, had said that merely because there is an arbitration clause in the terms and conditions of the service provider, it does not prohibit the consumer forum from taking up the case. The forum had relied on earlier order of the Supreme Court (National seeds Corporation vs Madusoodhan reddy 2scc506)

The Supreme court had held in this case that if the Consumer had earlier opted for arbitration, he cannot subsequently move the consumer redressal forum. However if he has not choosen to file the case in CDRF, at the 1st instance, he cannot be denied the opportunity. The Supreme Court had stated that section 3 of the CP Act makes it clear that the remedy available in the CP Act is in addition to and not derogation of the provision of any other Act.

The matter of concern is the denial of Sun Direct TV to pay compensation to a consumer, when she was not able to see all the channels for which she had paid. The service provider had said that Consumer Dispute Redressal Forum cannot intervene, when there is a provision for arbitration. It said that it is beyond the ambit of CDRF
This was over ruled in the judgement.

Courtesy: Times of India


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