Questioning the Legal Correctness of the SC’s Jurisdictional Expansionism of Consumer Forums for Arbitration Agreements: An Analysis of Relevance of Fair Air Engineers to Present Disputes

Authors

Axay Satagopan 4th Year, B.A./L.L.B Student, NLSIU, Bengaluru

Abstract

The present essay seeks to analyze the justifiability of Jurisdictional Expansionism of Consumer Forums by the Supreme Court and the NCDRC, with a specific emphasis on the decisions of the Supreme Court, conferring upon the Consumer Forums, the jurisdiction to adjudicate upon matters which are subject to arbitration agreements, notwithstanding S8 of the 1996 Act, in the light of the interpretation accorded to S3 of the 1986 Act. This essay seeks to question the legal soundness and logical tenability of the interpretation of S3 of the 1986 Act, in light of S8 of the 1996 Act, focusing on the relevance of the Fair Air Engineers case, which, despite its obsolescence due to the repeal of the 1940 Act, under S34 of which it was decided, to present day disputes. The author concludes, after a perusal of the various decisions in this regard, and upon critically analyzing the same, that the position in this regard is flawed and inconsistent, both in respect of other judicial precedents, delivered by the Supreme Court, as well as in respect of the attempted reconciliation of the two ostensibly conflicting statutes. The present essay elaborates upon the lacunae present in the law, as stands presently, and suggests the implementation of a few changes, in order to clarify and render consistent the law thereof

Recommended Citation

Satagopan, Axay 4th Year, B.A./L.L.B Student (2015) "Questioning the Legal Correctness of the SC’s Jurisdictional Expansionism of Consumer Forums for Arbitration Agreements: An Analysis of Relevance of Fair Air Engineers to Present Disputes," International Journal on Consumer Law and Practice: Vol. 3, Article 6.
Available at: https://repository.nls.ac.in/ijclp/vol3/iss1/6