Arbitration Clause Cannot Oust The Jurisdiction Of Consumer Courts

IN THE SUPREME COURT OF INDIA
M/S. EMAAR MGF LAND LIMITED V. AFTAB SINGH
(REVIEW PETITION (C) Nos. 2629-2630 OF 2018)
(ARISING OUT OF CIVIL APPEAL NOS. 23512-23513 OF 2017)
DATED: 10.12.2018

FACTS

The appellant (hereinafter referred to as Emaar MGF) is a company which has acquired and purchased land to develop an integrated township in District Mohali, Punjab. The respondent (Aftab Singh) was the buyer of a villa in the project of Emaar.

A Buyer's agreement was entered dated 06.05.2008 between Emaar MGF and the respondent. In the Buyer's agreement, there was an arbitration clause providing for settlement of disputes between the parties under the 1996 Act.

When a dispute arose between the parties, the respondent approached NCDRC (National Consumer Dispute Redressal Commission) and filed a complaint.