PARSVNATH DEVELOPERS LIMITED Vs. JYOTI SOOD
Parsvnath Developers Limited
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V.K. Jain,J. -
(1.) Heard for about two hours.
In all these matters the consumer complaints instituted against Parsvnath Developers Ltd., hereinafter referred to as the 'Developer' and Chandigarh Housing Board were allowed by the State Commission with direction to them to refund the principal amount paid by the complainants alongwith interest, compensation in terms of Clause 9(c) of the Flat Buyers Agreement and the cost of litigation. Being aggrieved from the order passed by the State Commission, the Developer preferred appeals before this Commission. The appeals are stated to have been disposed of in view of the order dated 21.4.2015 passed by the Hon'ble Supreme Court in SLP(C) No.17133-17134 of 2013. The Developer sought some clarification on certain findings of the Arbitrator in the award made by him in the arbitration proceedings between the Chandigarh Housing Board and the Developer. This Commission refrained from making any observations on the applicability of the award.
(2.) Execution applications were filed by the complainants seeking execution of the orders which the State Commission had passed in the consumer complaints. The State Commission held that the complainants were entitled to compensation in terms of Clause 9(c) of the Flat Buyers Agreement from the Developer but if the Developer had any claim in terms of the arbitration award against Chandigarh Housing Board, it could take recourse to other legal proceedings. Being aggrieved from the order passed by the State Commission, the Developer is before this Commission by way of these appeals.
(3.) Admittedly, the principal amount as well as the interest in terms of the order of the State Commission has been paid to the complainants/allottees. The only issue involved in these appeals is as to whether the compensation awarded by the State Commission in terms of the Clause 9(c) of the Flat Buyers Agreement is payable solely by the Developer or it is to be shared between the Developer and the Chandigarh Housing Board in the ratio of 70:30. The learned counsel for the Developer has drawn my attention to the following decision of the Arbitrator appointed to adjudicate upon the disputes between the Developer and Chandigarh Housing Board:-
"Decision : The claimant and respondent are directed to bear the liability towards residential unit buyers, for refund of advances (payment of sale price or part thereof), interest and compensation as awarded by any consumer fora or any court, in the ratio of 70:30 respectively. For this purpose, the parties may take note of the payments, if any, already made by them and pay the balance so that the ratio of liability is maintained at 70:30."
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