JUDGMENT :

1. Delay condoned.

2. This appeal filed against order dated 13.5.2013 passed by the National Consumer Disputes Redressal Commission (for short, 'the National Commission') whereby the appellant's prayer for making a reference to the arbitrator was rejected can appropriately be termed as a frivolous piece of litigation which merits nothing but dismissal at the threshold with exemplary cost.

3. The respondents filed complaint alleging deficiency in service on the appellant's part and claimed compensation to the tune of Rs. 17,41,09000/- with cost of Rs. 1,00,000/-.

4. On being noticed by the National Commission, the appellant filed a written statement to contest the complaint. It also filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (for short, 'the 1996 Act') for making a reference to the arbitrator.

5. A two Member Bench of the National Commission referred the matter to the larger Bench. After considering the relevant statutory provisions and adverting to several judgments including the judgments in Fair Air Engineers (P) Ltd. v. N.K. Modi (1996) 6 SCC 385; Skypay Couriers Limited v. Tata Chemicals Limited (2000) 5 SCC 294; National Seeds Corp