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.09.10.2015 passed in CC/105/2015 on the file of Dakshina Kannada District Consumer Disputes Redressal Forum, Mangaluru.
2. The Commission examined the revision papers and the impugned order.
3. If we examined the impugned order under revision,    Forum below, while in exercising the power provided U/s.13(3-B) of CPA 1986 ordered to stay the arbitration proceedings till disposal of the complaint and further ordered to stop the recovery of any amount till further order of this forum. It is to be noted herein that Sec.3 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 say to encroach upon the provisions of Arbitration and Conciliation Act, 1996 or any other law for time being in force. Further Sec.13(3-B) empower the forum to pass such impugned order if it just and proper but on  facts and circumstances of the case it does not mean to empower the forum to stay the arbitration proceedings initiated under the provisions of Arbitration and Conciliation Act, 1996, which was not at all examined by the District Forum before passing the impugned order. It is therefore, the counsel for the Revision Petitioners is right in contending that no prejudice would cause to any of the parties to move on both matters simultaneously has some force. In so far as the contention of Revision Petitioners that in order to escape from paying the dues to the OPs, the Complainant with malafide intention raised consumer complaint would be examined by the District Forum. However, Commission is of the considered view that impugned order passed by District Forum has to be held illegally exercising of powers vested in it, is liable to be set aside.
4. Accordingly this Revision Petition is allowed, consequently impugned order dtd.09.10.2015 passed in CC/105/2015 is hereby set aside with a direction to the District Forum to decide the complaint in accordance with law affording opportunity to both parties as early as possible not later than 3 months from the date of receipt of this order.  

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

   Lady Member                                Judicial Member               

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