Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC

The National Consumer Disputes Redressal Commission, under AVM J. Rajendra, affirmed that the Consumer Protection Act supplements existing laws, ruling that an arbitration clause in a buyer's agreement does not bar the jurisdiction of consumer forums. The complainant, a property owner in Bangalore, filed a complaint when Nandi Builders failed to deliver her share under a Joint Development Agreement (JDA), instead selling her designated apartment. The builder's objections on jurisdiction and arbitration were dismissed, citing precedents. The Commission directed the builder to rectify deficiencies, complete the project within two months, deliver 50% of the property, and pay Rs. 10,000 per month per apartment as rent until possession. This decision underscored consumer rights despite contractual agreements.