Order no. 16 , dt. 31.10.2023

This case record is taken up for consideration for passing order in respect of the petitions filed by OP of this case in the matter of sending this case to the arbitrator.  The complainant has filed written objection against the said objection of the OP for sending this case to the arbitrator.

Heard argument highlighted by both sides.  Considered submission.

Perused the petition filed by the complainant on 7.8.2023 and also examined the written objection which is filed by the complainant of this case.

It is the main point of contention and argument of the applicant/OP side that in the agreement for purchase there is a clause for settlement of the disputes through arbitrator and so this case is not maintainable.

On the other hand, the complainant has pointed out that this case has been filed against the OPs in respect of their illegal activities and as the OPs have not yet allotted the flat in favour of the complainant.  It has also been submitted that this case is ready for starting trial and so the petition filed by the OP under section 5 & 8 of Arbitration and Conciliation Act 1986 is not maintainable.   For the purpose of arriving at decision in respect of the above noted issue this District Commission after going through the material of this case record of C.C-174/21 finds that the complainant has filed one agreement for purchase of a flat on ownership basis dated.7^th June, 2019 and on close examination of the said documents it is reflected that there is an arbitration clause and it has been decided by the parties that in the event of any disputes the matter should be referred to the arbitrator.  But fact remains that the complainant instead of following the said arbitration clause, has come forward before this district commission with a complaint.   Thus it is crystal clear that the case filed by the complainant is premature and so this case is not maintainable in the eye of law.

In the result, it is accordingly,

                                                                        ORDERED

That this complaint case be and the same is dismissed on contest as this case has been filed in premature condition.

Let the complaint petition be returned to the complainant for filing the same before appropriate forum.

No order is passed as to cost.