JUDGMENT :

G. CHANDRASEKHARAN, J.

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 18.03.2021 made in S.R. No. 08 of 2021 in unnumbered I.A. No. (Blank) of 2021 in C.C.P. No. 95 of 2020 (impugned order) by the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority (TNRERA), Egmore, Chennai (“AO TNRERA”)

1. This petition is filed to set aside the impugned order dated 18.03.2021 passed in S.R. No. 08 of 2021 in unnumbered I.A. No. (Blank) of 2021 in C.C.P. No. 95 of 2020 (impugned order) by the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority (TNRERA), Egmore, Chennai (“AO TNRERA”).

2. Learned counsel for the petitioners submitted that the respondent filed the complaint before the Adjudicating Officer of Tamil Nadu Real Estate Regulatory Authority (TNRERA) alleging certain deficiencies of services and claiming interest from the petitioners for the delayed handing over possession of DU for an amount of Rs. 25,87,059/- refund of entire cost of car park at Rs. 5,81,377/- costs of litigation and other expenses at Rs. 2,00,000/- Facility Management charges Rs. 65,360/- and Rs. 5,65,305/- towards mental agony, loss of rental value at Rs. 6,32,333/- to an extent of total compensation of Rs. 39,99,101/- and for other reliefs.

3. The case of the petitioners is that the respondent is governed by Army Welfare Housing Organisation Rules. Rules 89 to 91 provide for arbitration:

“89. All matters of disputes, differences relating to the registration, booking, allotment and cancellation and in all such other matters as are incidental to these and are likely to affect the mutual rights, interest, privileges, claims of the Registrant vis-a-vis the Organisation, may be referred to the Chairman of the Organisation, who shall appoint a sole arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 and/or such provisions as may be amended from time to time, whose award shall be final and binding on both the parties. The arbitration proceedings shall be held in Delhi only regardless of where the property under dispute is located.

90. Appointment of an arbitrator will not be objected to on the grounds that he is subordinate to the Chairman, is a member of the Board of Management or Executive Committee or is a registrant of the Organisation.

91. No request for arbitration or adjudication of a dispute will be entertained by the Chairman unless it is made within two months of the cause of action and prior to taking possession of dwelling unit. Possession will not be given till the arbitration proceedings are complete

92. No request for arbitration will be entertained by the Chairman unless he is convinced that the dispute warrants recourse to arbitration.”

Therefore, the petitioners filed an application under Section 8 of the Act before the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority (TNRERA) to direct the respondent to seek appropriate remedy from the Chairman of the first applicant in terms of Rule 89 of Army Welfare Housing Organisation Rules, 1987. Master Brouchure, 1987, forms part and parcel of the booking letter dated 31.07.2012, entered into between the petitioners and respondent.

4. Learned counsel for the petitioners submitted that the Adjudicating Officer of the Tamil Nadu Real Estate Regulatory Authority (TNRERA) dismissed the petition on the ground that Section 88 of RERA Act makes it clear that the provisions of the Act shall be in addition to and not in derogation to the provisions of any other law for time being in force. Relying on the judgment in M/s. Emaar MGF Land Limited vs. Aftab Singh, (2019) 12 SCC 751, that consumer disputes are non-arbitrable, learned Adjudicating Officer held that the jurisdiction of RERA cannot be fettered by the existence of arbitration clause in the agreement or brochure of the applicant and in this view of the matter, dismissed the petition filed by the petitioners. Against the said order,