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2019 Supreme(P&H) 2391

AVNEESH JHINGAN
Shriram Transport Finance Company Limited – Appellant
Versus
Sh. Jasvir Singh – Respondent


Advocates Appeared:
Mr. G.S. Sandhu, Advocate, for the Appellant; Mr. Vipin Mahajan, Advocate, for the Respondent

JUDGMENT

Avneesh Jhingan, J. - The issue involved in present petition is whether failure to raise an objection with regard to arbitration clause in the reply filed before the District Consumer Disputes Redressal Forum (hereinafter described as 'the Consumer Forum') will debar the raising of the issue in civil suit?

2. The facts giving rise to the present petition are summarized below:

3. The respondent-plaintiff (hereinafter described as 'the respondent') availed a loan facility from the petitioners-defendants (hereinafter described as 'the petitioners') for purchasing a truck. The respondent was aggrieved of charging of exorbitant rate of interest, a consumer complaint was filed for rendition of accounts. In the reply filed before the Consumer Forum, the petitioners never raised an issue that as per the agreement, there was an arbitration clause. The Consumer Forum dismissed the complaint holding that the issue involved is complex and cannot be decided by the Consumer Forum. Thereafter, the respondent filed a civil suit for rendition of accounts regarding loan account of truck bearing registration No. PB-06-E-2110 with a prayer to place the entire statement of account of the respon

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