T.K.A. Padmanabhan vs. Abhiyan Cooperative Group Housing Society Ltd. (SC)

Consumer Protection Act, 1986–Secs. 12(4), Proviso & 3–Arbitration & Conciliation Act, 1996–Sec. 8–Scope–Where a complaint has been admitted by the District Forum, it shall not be transferred to any other Court, Tribunal or Authority set up by or under any other law for the time being in force–A private contractual clause cannot be permitted to defeat the continued operation of a statutory remedy which the Parliament has expressly made additional to other remedies u/s. 3 of the Act of 1986–After remand of the case, the District Forum wrongly referred the parties for arbitration–The approach of the State Commission was also not correct–Further, the National Commission failed to address the jurisdictional question arising from the order passed by the District Forum and the State Commission–Matter deserves to be restored before the District Forum.