Arbitration and Conciliation Act, 1996
Section 11—Appointment of arbitrator—Dismissal of application by the High Court on ground that dispute was pending before District Consumer Forum—Appeal—Consumer disputes are protected by a welfare legislation and such disputes are not arbitrable in nature—Such disputes should be kept away from a private fora such as ‘arbitration’, unless both the parties willingly opt for arbitration over the remedy before public fora—Option is not extended to the builder, as they do not fall within the definition of ‘Consumers’ under the Consumer Protection Act of 2019—Appeal dismissed
[Paras 9, 10, 16, 22 & 23]