09.03.2022

O R D E R

               BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This petition is filed U/s.17(1)(b) of CPA 1986 by OPs to set aside the order dtd.29.04.2015 passed in CC/95/2015 on the file of Dakshina Kannada District Consumer Disputes Redressal Forum, Mangaluru and to stay the Misc.Execution petition no.02/2016 filed in CC/95/2015.
2. The Commission examined the revision papers and the impugned order.
3. The District Forum invoked Sec.13(3-B) of the CPA 1986 to pass the impugned order considering the inconvenience and hardship caused to the Complainants directed the OPs to stay the arbitration proceedings till the present complaint is disposed off and stop recovery of any amount till the further order of this forum. No doubt, Sec.3 of the Act provides for the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, does not mean to encroach upon arbitration proceedings. It is therefore, passing the impugned order followed by Sec.13(3-B) of the Act, in our view, is nothing but encroachment of arbitration proceedings. No doubt, it is true that filing of consumer complaint is no bar for the Complainant despite pendency of arbitration proceedings subject to entitlement of maintainability. In this regard, learned counsel for the Revision Petitioner rightly submitted that both the proceedings can be preceded simultaneously and there was no necessity for the District Forum for staying the arbitration proceedings until disposal of the complaint. In such view, the delay in filing this Revision Petition for the reasons sworn in by petitioners condoned and proceeds to allow this Revision Petition. Consequently set aside the impugned order dtd.29.04.2015 passed by the District Forum in CC/95/2015 with a direction to dispose of the complaint as early as possible not later than 3 months from the date of receipt of this order.

4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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