JUDGMENT :

(Sachin Datta, J.) :—

ARB.P. 1296/2022

ARB.P. 1297/2022

ARB.P. 1324/2022

1. The present petitions have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the “A&C Act”) seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

2. The petitioner no. 1 herein is the owner of following three commercial units:

3. The petitioner no. 2 is a sole proprietorship firm of the petitioner no. 1 which is stated to be in occupation of the aforesaid units as a lessee.

4. The respondent no. 3 is the builder/developer (hereinafter referred to as the “developer”) of the buildings known as NDM-1 situated at Plot No. B-2, 3, 4, Netaji Subhash Place, Delhi-110034 and NDM-2 situated at Plot No. B-1, 2, 3, Netaji Subhash Place, Delhi-110034. The respondent no. 1 has been appointed by the developer as the maintenance agency for the said buildings responsible, inter-alia, for (i) Operation & Maintenance of air-conditioning system and plants, Fire - Fighting systems, lifts, other electrical & mechanical equipment systems as installed by the promoter/developer of the said building, (ii) maintenance of commons areas including basement, common areas, terraces, refuge areas etc., (iii) operation and maintenance of electric sub-station, pumps, transformer, D.G. Sets, Water Tanks, (iv) maintenance of compound wall, facade, landscaping, electrification, water supply, sewerage, roads, paths and other services within the said building, (v) security services for the building, (vi) insurance of the common plants & equipments in the building, (vii) responsibility of annual maintenance contract for electric sub-station, pumps, fire detection and fire-fighting equipments, transformers, DG Sets, HVAC, escalators, elevators, service lifts etc. (viii) insurance of electric sub-station, pumps, fire detection and fire-fighting equipments, transforms, DG sets, HVAC, escalators, elevators, service lifts, air conditioning plant room/chiller etc., and (ix) disposal of waste and garbage from garbage room.

5. The respondent no. 2 is a company, which has been appointed by the respondent no. 1 to function as property manager of the aforesaid buildings to maintain common areas of the buildings and operate the various facilities and to provide its services to the occupants in terms of Article 4 of the Maintenance Agreements. The respondent nos. 1 and 2 are collectively referred to hereinafter as the “maintenance agency”.

Disputes between the parties

6. The grievance of the petitioners, in respect of which the disputes have arisen between the parties are stated to be as under:

(i) Determination of super area attributable to the petitioner no. 1's aforesaid units for the purposes of calculation of maintenance charges on the date of its appointment of maintenance agency as well as on the date of the present petition.

(ii) Determination of rate at which the maintenance charges are leviable by the respondents in proportion to the super area available.

(iii) Gross illegality on part of the respondents in providing and attributing electricity connection load to the petitioners' units and consequently charging excess money from the petitioners qua fixed charges, unit charges etc; and

(iv) Reduction of proportionate land rights in wake of common areas being encroached, constructed and sold off by respondents in connivance, and in violation of sanctioned building plan, leading to cascading effects such as (i) fire safety hazard for the all the occupant