Case Name: M/s Citicorp Finance (India0 Limited v. Snehasis Nanda
Bench: Justice Sudhanshu Dhulia & Justice Ahsanuddin Amanullah
Citation: 2025 INSC 371
In a recent judgment, the Supreme Court held that a consumer retains the choice to opt for either consumer forum or arbitration even when the agreement explicitly provides forarbitration as the dispute resolution mechanism. The court further clarified that the consumer has the exclusive right to decide whether to pursue arbitration or approach the consumer forum. To arrive at this conclusion, the court relied on its previous rulings Emaar MGF Land Lt. v. Aftab Singh and M. Hemlatha Devi v. B. Udayasri.
The dispute arose from a tripartite agreement for the purchase of a flat, which contained an arbitration clause. The respondent (complainant before the NCDRC) had purchased the flat with a housing loan of Rs. 17, 64,644 from ICICI Bank. Subsequently, Mr Mubarak Vahid Patel expressed interest in purchasing the flat for Rs. 32,00,000.
To facilitate the transaction, the borrower and the appellant, Citicorp Finance, entered into an agreement where the borrower requested the appellant to disburse Rs. 17,80,000 to ICICI Bank to secure the release of the flat. However, the respondent later filed a complaint before the NCDRC, seeking a direction for the appellant to pay the balance consideration amount, contending that the tripartite obligated the appellant to deposit the entire sale amount.
The NCDRC ruled in favour of the respondent, directing the appellant to refund Rs. 13,20,000 along with interest and an additional Rs. 1,00,000 towards litigation costs.
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