REGENT COMPUTRONICS PVT. LTD.

Aftab Singh Appellant

V/S

EMAAR MGF LAND LTD. Respondents

Referred Judgements :-

DILWORTH V. COMMISSIONER OF STAMPS [REFERRED TO]
BALLABHADAS MATHURDAS LAKHANI V. MUNICIPAL COMMITTEE,MALKAPUR [REFERRED TO]
STATE OF BOMBAY VS. HOSPITAL MAZDOOR SABHA [REFERRED TO]
G I T ANDHRA PRADESH VS. TAJ MAHAL HOTEL SECUNDERABAD [REFERRED TO]
PREMIER AUTOMOBILES LIMITED AUTOMATIC ELECTRIC PVT LIMITED VS. KAMLEKAR SHANTARAM WADKE OF BOMBAY :ENGINEERING MAZDOOR SABHA [REFERRED TO]
NATRAJ STUDIOS PRIVATE LIMITED VS. NAVRANG STUDIOS [REFERRED TO]
ANIL KUMAR NEOTIA VS. UNION OF INDIA [REFERRED TO]
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION VS. HIGH LAND COFFEE WORKS OF P F X SALDANHA AND SONS [REFERRED TO]
LUCKNOW DEVELOPMENT AUTHORITY VS. M K GUPTA [REFERRED TO]
FAIR AIR ENGINEERS PRIVATE LIMITED VS. N K MODI [REFERRED TO]
SUGANTHI SURESH KUMAR VS. JAGDEESHAN [REFERRED TO]
DIRECTOR OF SETTLEMENTS A P VS. M R APPARAO [REFERRED TO]
SECRETARY THIRUMURUGAN CO OPERATIVE AGRICULTURAL CREDIT SOCIETY VS. M LALITHA DEAD [REFERRED TO]
SHIN ETSU CHEMICAL CO LTD VS. AKSH OPTIFIBRE LTD [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. BOGHARA POLYFAB PVT LTD [REFERRED TO]
STATE OF KERALA VS. PEOPLES UNION FOR CIVIL LIBERTIES [REFERRED TO]
BOOZ ALLEN AND HAMILTON INC VS. SBI HOME FINANCE LTD [REFERRED TO]
NATIONAL SEEDS CORPORATION LTD VS. M MADHUSUDHAN REDDY [REFERRED TO]
SOUTH CENTRAL RAILWAY EMPLOYEES CO-OP. CREDIT SOCIETY EMPLOYEES UNION VS. B. YASHODABAI [REFERRED TO]
ROSEDALE DEVELOPERS PROVATE LIMITED VS. AGHORE BHATTACHARYA [REFERRED TO]
SHRI VIMAL KISHOR SHAH & ORS. VS. MR. JAYESH DINESH SHAH & ORS. [REFERRED TO]
A. AYYASAMY VS. A. PARAMASIVAM & ORS. [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. HINDUSTAN SAFETY GLASS WORKS LTD. [REFERRED TO]

JUDGEMENT

(1.) These applications and the consequential reference to a larger Bench are triggered by the amendment to Sub-Section (1) of Sec. 8 of the Arbitration and Conciliation Act, 1996 (for short the "Arbitration Act") by Act 3 of 2016, with retrospective effect from 23.10.2015. The question for consideration before this Bench is profound, having seminal ramifications for the entire adjudicatory mechanism envisaged for settlement of consumer disputes, falling within the ambit of the Consumer Protection Act, 1986 (for short the "Consumer Act").

(2.) In order to bring into focus the issue involved in these hotly contested Applications, we deem it appropriate and expedient to reiterate the history and essence of the referral order dated 31.08.2016, passed by the Learned Single Member, especially since both sides have pressed into service certain observations from the said order, dated 31.08.2016, in support of their respective stands.

(3.) The Opposite Party in the Original Complaints (for short, "the Builder") filed this set of captioned applications under Sec. 8 of the Arbitration Act praying therein that the parties be referred to Arbitration as per the Buyers' Agreements executed between them. The complainants in these matters had booked residential villas/flats/plots in Projects of the Builder to be developed in Gurgaon/Mohali and accordingly executed Buyers' Agreements. The aggrieved Complainants allege that the Builder has failed to deliver possession of these villas/flats/plots by the date committed in the Buyers Agreement and hence, are seeking directions to the Builder for delivery and possession of the villas, etc. and/or, in the alternative, refund of the amounts deposited by them, along with compensation.

Click here to view full judgment.

AFTAB SINGH Vs. EMAAR MGF LAND LTD.

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address