Order No. 4              Dated- 03.11.2022

Ld. Advocate for the petitioners/opposite party no. 2 is present. 

Advocate for complainant is present and files written objection against the Misc. Application filed by the opposite party no. 2.

Ld. Advocate for the petitioners/opposite party no. 2 files show cause petition supported by affidavit.

The cause shown in the petition appear to be bonafide as such the same is accepted.

On consent of both parties the Misc. Application is taken up for hearing.

Perused and considered the material on record. Heard both sides.

Ld. Advocate for the petitioners/opposite parties submits that the complainants have filed CC/10/2022 against the opposite parties on allegation of violation of the terms of Agreement for Sale dated 08.02.2019. In the said agreement clause 15 provides that “In case of any dispute or difference amongst or between any of the parties hereto arising out of and/or relating to and/or connected with the said commercial unit and/or this agreement or any term or condition herein contained and/or relating to interpretation thereof, any party shall be appointed in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held at Kolkata in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The parties have agreed that the Arbitrators shall have summary powers and may make interim orders and Awards and/or non-speaking Awards. Whether interim or final, the Award/Awards made by the Arbitrator shall be final and the parties agree to be bound by the same.”

Therefore, in view of arbitration and re-conciliation Act, 1996, the CC/10/2022 is not maintainable before this commission and the same is liable to be rejected.

Ld. Advocate for the complainant raised strong objection against the prayer of the petitioners/opposite parties.

The complainant has filed CC/10/2022 under section 34 read with section 35 and 38 of the Consumer Protection Act, 2019.

Section 100 of the Consumer Protection Act, 2019 clearly states that this Act is not in derogation of any other law. The provisions of the Act shall be in addition to and not in derogation of provision of any other law for the time being in force.

Therefore, I am of the opinion that CC/10/2022 is maintainable in law and in its present form.

In view of the above discussion I find that the Misc. Application filed by the petitioners/opposite parties is not maintainable and liable to be rejected.

Thus, the Misc. Application dated 18.05.2022 is dismissed with cost of Rs. 5,000/-.