LAWS(KERCDRC)-2011-8-28

MANAGER, MUTHOOT LEASING AND FINANCE LTD Vs. ASANARUKUNJU

Decided On August 24, 2011
Manager, Muthoot Leasing and Finance Ltd., Appellant
V/S
Asanarukunju Respondents

JUDGEMENT

(1.) Revision petitioners are the opposite parties/Financiers/respondents in IA19/11 in CC 175/2010 on the file of CDRF, Kollam. The revision petition is filed disputing the order of the Forum that arbitration clause in an agreement is not a bar to the jurisdiction of the CDRF. It is the case of revision petitioner that the agreement wherein arbitration clause is incorporated has been signed after knowing fully with respect to the terms of the agreement including the arbitration clause and hence the complaint is not maintainable before the Forum. We find that as per Section 3 of the Consumer Protection Act the jurisdiction of the Forum is in addition to provisions of any other law. The legal position in this regard is well settled vide a number of decisions of the National Commission and the apex court. Hence we find that there is no manifest illegality in the order of the Forum There is no scope for admitting the revision petition. The revision petition dismissed in limine. Office will forward a copy of this order to the Forum urgently.