Today is fixed for hearing the M.A. application which has been filed by the op raising the plea that this case is not maintainable as there is a clause of arbitration in the agreement.

On the other hand, the complainant side is contesting this case by filing W/O against the said petition and it is the argument of the complainant side that even there is existence of arbitration clause, the complaint case is maintainable and in this regard ld. Advocate for the complainant side referred the decision which is reported in (2017) 9 SCC 729.

Now the question is whether existence of the clause of arbitration would be treated as this C.C. case not maintainable. In this regard it is the settled principle of law that arbitration clause in the agreement does not bar the jurisdiction of the Consumer Forum/ Commission to entertain complaint. This decision has been passed by Hon’ble National Commission, New Delhi and it is reported in the journal of Consumer Protection Reporter of the month of April, 2022. On this background this District Commission after going through the judgement referred by the complainant side at paragraph no. 25 it has been observed by the Hon’ble Apex Court that complaint under Consumer Protection Act being a special remedy, despite there being an arbitration agreement the proceedings before Consumer Forum have to go.

All these factors are clearly indicating that the plea of the ops that this C.C. case no. 95 of 2021 is not maintainable cannot be accepted.

In the light of the observation made above this M.A. case no. 10 of 2022 is dismissed on contest.

No order is passed as to costs.