JUDGEMENT

1. The present complaint has been filed by the Complainants before this commission alleging deficiency of service and unfair trade practice on the Opposite Party and has prayed following reliefs:

i. “ Direct the Respondent Company and/or its officials to refund the amount of Rs.18,92,214/- (Rupees Eighteen Lakhs Ninety Six Thousand Two Hundred and Fourteen Only) along with interest @18% to the Complainants;

ii. Direct the Respondent Company to pay Rs.10,0,000/- to the Complainants as compensation/damages for the physical and mental agony undergone by the Complainant; and/or iii. Pass any other order/direction against the Respondent Company and in favour of the Complainant which this Hon’ble Forum may deem fit and proper in the interests of justice.”

2. Brief facts necessary for the adjudication of the present complaint are that the Complainants jointly applied for an apartment in the group housing complex with the Opposite Party vide application dated 21.11.2009 and in pursuance of said application, the Opposite Party has allotted an Apartment bearing no. 171 in Tower no. K on 1st Floor vide Allotment Allotee(s) Arrangement dated 24.11.2009 to the Complainants. Payment PAGE 3 OF 10 schedule was also arranged between the contesting parties according to which, the first five installments were to be paid in the time bound manner and rest of the installments were to be paid in accordance with the stage of completion. The Opposite Party has raised the demands in accordance with the schedule till 09.11.2013 and the Complainants till date had paid an amount of Rs.18,96,214/- to the Opposite Party as and when demanded by it. Further, as per the Apartment Allotee Agreement dated 24.11.2009, the Opposite Party was bound to complete the construction and to deliver the possession of the said Apartment within 42 months from the date of agreement. However, the said project is nowhere near completion till date. The Complainants also requested the Opposite Party to cancel the Allotment and refund the entire amount but the Opposite Party did not pay any heed to such requests of the Complainants. Thus, left with no other option, alleging deficiency of service and unfair trade practice on the part of the Opposite Party, the Complainants approached this Commission.

3. The Opposite Party has contested the present case and has raised preliminary objections as to the maintainability of the complaint case.

The counsel for the Opposite Party has contended that this Commission does not have the territorial jurisdiction to adjudicate the present Complaint. The Counsel further contended that the arbitration clause present in the Allotment allotee(s) Agreement bars the jurisdiction of this Commission. The counsel for the Opposite Party also contended that the delay, if any, occurred on account of farmer agitation in Greater Noida.

Pressing the aforesaid contentions, the counsel appearing on behalf of the Opposite Party prayed that the complaint should be dismissed.

4. The Complainants were directed to file Rejoinder and Evidence by way of affidavit. The Complainants failed to file the Rejoinder to rebut the PAGE 4 OF 10 written statement filed by the Opposite Party but have filed the Evidence by way of affidavit in order to prove their averments on record. Further, the Evidence by way of affidavit has also been filed by the Opposite Party.

5. We have perused the material available on record and heard the counsel for the parties.

6. The fact that the Complainants have booked an Apartment with the Opposite Party is evident from the Buyer Allotee Arrangement available on record. Further, payment to the extent of Rs. 18,96,214/- has been made by the Complainants to the Opposite Party, is also evident from the receipts issued by the Opp