Ishita Chawla, Symbiosis Law School, Pune
BRIEF DETAILS
Date of judgement- May 05, 2005
Case Number- Civil Appeal No. 3100 of 2005 [Arising out of SLP (Civil) No. 5177 of 2005]
Citation- AIR 2005 SC 2867, MANU/SC/0363/2005
Judges- S.B. Sinha & N. Santosh Hegde
Appellant- Neeraj Munjal & others
Respondents- Atul Grover (Minor) & others
RELEVANT FACTS
Neeraj Munjal, the appellant, worked as a stockbroker on the Delhi Stock Exchange. Respondents Atul Grover (minor) and Ramesh Grover (father) were trading in shares through appellants. In order to recover compensation from the appellants for a lack of service, Atul Grover (minor) filed a complaint with the National Consumer Disputes Redressal Commission (‘the Commission’) under Section 22 of the Consumer Protection Act, 1986. By an order of the Commission dated 19/05/1995, both parties agreed to resolve the dispute through arbitration. The award was made by the sole arbitrator on August 19, 1996, and it was accepted by the Commission on October 23, 1996. In accordance with the Award, the Commission settled the respondent's complaint. The appellants, who were dissatisfied, filed this appeal.
The Supreme Court overturned the Commission's judgment and order, allowing the respondents to enforce the award under the Arbitration and Conciliation Act of 1996 (the “1996 Act”). In relation to the same decision, an interlocutory application seeking clarification was filed before the Supreme Court, and the order dated 25/7/2003 stated that no order was required to be passed.