IMPORTANT POINT
Two proceedings for similar relief cannot run simultaneously in two Fora.

K.S. Chaudhari, Presiding Member—This revision petition has been filed by the petitioner against theORDER dated 17.04.2012, passed by the State Commission in Complaint No. 271/2010, Kashmir Fab Styles Pvt. Ltd. vs. Beverly Park Maintenance Services Ltd., by which, application of opposite party for dismissing complaint was dismissed.

2. The brief facts of the case are that complainant-respondent booked space inORDER to earn its livelihood with opposite party-petitioner and complainant was allotted shop no. 322, DLF Place, Promenade, Vasant Kunj, New Delhi. Complainant paid Rs. 11,20,847/-, but opposite party did not open Mall. Alleging malpractice and deficiency on the party of the opposite party, complainant filed complaint for refund of deposited amount and expenses incurred on interiors and compensation etc. Opposite party filed application under Section 26 of Consumer Protection Act and submitted that complaint was not maintainable as parallel arbitration proceedings have already commenced between the parties and complaint pertains to commercial space, which does not fall within the purview of Consumer Protection Act and prayed for dismissal of complaint. Complainant submitted reply and further submitted that opposite party took many adjournments for filing written statements and later on, filed this application, which may be dismissed. The State Commission vide impugnedORDER dismissed application against which this revision petition has been filed.

3. Heard learned counsel for the parties finally at admission stage and perused record.

4. Learned counsel for the petitioner submitted that as arbitration proceedings had already commenced before the arbitrator for the same relief and complainant participated in the proceedings, complaint filed after participation in the proceedings was not maintainable. It was, further, submitted that complaint pertains to commercial space in the Mall and in such circumstances, complainant does not fall within the purview of consumer, even then, the State Commission committed error in dismissing the application, hence revision petition be allowed and impugnedORDER be set aside and complaint be dismissed. On the other hand, learned counsel for the respondent submitted that proceedings under Consumer Protection Act are in addition to proceedings before any other forum and premises were taken for earning livelihood, henceORDER passed by the State Commission is in accordance with law and revision petition be dismissed.

5. Perusal of record reveals that arbitrator initiated arbitration proceedings and issued letter on 03.08.2010 and in compliance to that letter, complainant appeared before the arbitrator on 28.08.2010, whereas complaint before the State Commission was filed on 31.08.2010. Reliefs claimed in the complaint are as under:-

a. to direct the respondents to make payment to the complainant of admitted amount of security i.e. Rs. 11,20,847/- lying with them along with interest @24% p.a. upto the date of payment;

b. to direct the respondents to make payment of Rs. 16 lacs incurred on interiors, fitouts at shop no. 322.

c. this Hon’ble Commission may be further pleased to direct the respondents to pay a sum of Rs. 20 lacs as cumulative damages/compensation for the loss or injury suffered by complainant and for the business losses due to the non-opening of the Mall;

d. this Hon’ble Commission may be further pleased to award compensation on account of mental agony, torture, harassment suffered by the complainant amounting to Rs. 10 lacs.

e.entire cost of the present complaint/litigation be also paid to the complainant in the interest of justice;

f. pass such other furtherORDER/orders as this Hon’ble Commission may deem fit and proper in the facts and circumstances of the present case in the interest of justice.”

6. Complainant submitted reply to the claim before the arbitrator with almost similar prayers. Thus, it becomes clear that same reliefs were claimed in the complaint, which were clai