AI Overview...
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Condonation of Delay - In several cases, delays ranging from 75 to 171 days in filing appeals were supported by miscellaneous applications (e.g., Misc. Application No.550/2022, No.1293/2021) accompanied by affidavits IND_NCDRC_A_294_2022; INDSCDRC00000030227; INDSCDRC00000029693.
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Arbitration Clause & Jurisdiction - Courts have observed that arbitration clauses in allotment or agreement letters do not necessarily bar Consumer Forums or Commissions from exercising their jurisdiction, despite amendments to Section 8 of the Arbitration Act, 1996 IND_NCDRC_A_294_2022; INDSCDRC00000030227; INDSCDRC00000029693.
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Main Insight - The courts tend to favor condoning delays when affidavits justify the reasons, and they maintain that arbitration clauses alone do not oust the jurisdiction of consumer forums, especially in the context of consumer disputes involving builders or allotment agreements.
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Analysis and Conclusion - The provisions for condonation of delay are supported by affidavits, emphasizing judicial discretion to accept such applications. Additionally, despite arbitration clauses, consumer forums retain jurisdiction over disputes, affirming that arbitration agreements do not necessarily exclude the forums' authority All sources.
Search Results for "Condonation of Delay in Section 34 of Arbitration Constellation Actual"
• India - National Consumer Disputes Redressal Commission
the amendments made to Section 8 of the Arbitration Act, 1996. ... There was a delay of 75 days in filing of the appeal. Misc. Application No.550 of 2022 was filed for condonation of delay, which was supported by an affidavit. ... The other objection of the appellant/opposite party is that as per Arbitration Clause in the allotment letter, the matter between the parties is liable to be resolved only through arbitration. ... 34. ... ....
2025 Supreme(Online)(SCDRC) 28223 • India - State Consumer Disputes Redressal Commission
There was a delay of 75 days in filing of the appeal. Misc. Application No.550 of 2022 was filed for condonation of delay, which was supported by an affidavit. ... , has held that an Arbitration Clause in the afore- stated kind of Agreements between the complainant(s) and the Builder cannot circumscribe the jurisdiction of a Consumer Fora/Commission notwithstanding the amendments made to Section 8 of the Arbitration Act, 1996. The Civil Appeal No. ... The other objection of the appella....
2025 Supreme(Online)(SCDRC) 27689 • India - State Consumer Disputes Redressal Commission
There was a delay of 171 days in filing of the appeal. Misc. Application No.1293 of 2021 was filed for condonation of delay, which was supported by an affidavit. ... In some of the appeals, there is delay in filing the appeals. Misc. Applications have been filed for condonation of delay, which are supported by affidavits. 53. ... , has held that an Arbitration Clause in the afore- stated kind of Agreements between the complainant(s) and the Builder cannot circumscribe....
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