Fastest Finger First? The Non-Arbitrable Nature Of Consumer Disputes

The Consumer Protection Act stands as a beacon of consumer empowerment and protection in the modern era. In contrast to the Arbitration and Conciliation Act, which primarily addresses commercial disputes, the Consumer Protection Act places the well-being of individuals at the forefront by rolling the cog wheels of summary process while adjudicating on the veritable bedlam of "unfair trade practices" and "deficiency in services". Recently the Supreme Court yet again found itself at the interplay of these two legislations holding the consumer disputes to be non-arbitrable.

The Apex Court relying heavily on its landmark judgement titled M/s Emaar MGF Land Limited v Aftab Singh¹, refused a reference to arbitration in a dispute between the builders and home buyer while dismissing the application under section 11 of the Arbitration Act, 1996 for appointment of arbitrator. Emphasizing that the home buyers fall under the category of consumers who cannot be forced into