ORDER                                    Dated:  09-02-2017

Mohd. Anwar Alam, President

1. The complainant filed this complaint on 16.03.2016 and alleged that  on 17.08.2010 he booked a residential flat in the project of OP1 named “Earth Towne” and paid a sum of Rs. 9,19,800/- to OP2 to OP5.  On 30.05.2011 OP2 to OP5 allotted him unit no. G-104 vide reference no. ETH/HS/B/1990. Complainant further alleged that when the dispute was arose between the farmers , Greater Noida Authority and the OPs , they never informed him regarding the status of the said project.  Complainant applied for home loan through Corporation Bank, Noida and got his loan approved from the bank.  Bank asked and demanded the demand letter from the complainant regarding the project in which the flat was booked.  Complainant regularly requested OPs to issue the demand letter for the said residential flat for the purpose of home loan from the nationalized bank and LIC but the OPs regularly avoided the genuine demands of the complainant intentionally and deliberately and the project was not constructed as per  terms and conditions of agreement/ allotment letter.  On 10.06.2013,OPs further demanded the extra charges of Rs. 3,73,975/-. Complainant issued a legal notice to OPs . In reply to the legal notice OPs issued a cancellation letter of the said flat without any reason. On 09.12.2013   complainant lodged a complaint to SHO , P.S. Karol Bagh  and also filed his statement of complaint before Mr. Bhani Katpalia, Sole Arbitrator, Tis Hazari Courts, Delhi in the year 2014 but OPs filed their reply in the month of January 2016.  OPs regularly tried to delay the matter and never cooperate with the arbitrator. Ultimately, the complainant filed this complaint before this forum to decide the matter against OPs and  prayed to direct OPs to refund the amount of the above said flat Rs 9,56,600/- along with interest @ 18%,Rs. 1,00,000/- as compensation for mental agony , harassment and sufferings and Rs. 25000/-as litigation charges.
2. In reply, OPs admitted that complainant had booked a residential unit in the project “Earth Towne” with OPs and signing of booking application form executed allotment letter (Annexure-OP/1) in favour of complainant and   did not denied appointment of arbitrator. OPs denied rest of the allegations made in the complaint and prayer to dismiss the complaint.
3. The complainant has filed rejoinder to the written statement and denied the objections made by the OPs and supported his complaint.
4. In support of  his complaint complainant filed his own affidavit along with documents i.e. copy of allotment letter (Ex. CW-1/1), copy of allotment payment plan (Ex. CW-1/2), copy of award winning notification letter (Ex. CW-1/3), copy of credit  card receipt book  (Ex. CW-1/4), copy of cheque  bearing no. 21476 (Ex. CW-1/5), copy of cheque  bearing no. 585412  (Ex. CW-1/6), copy of cheque  bearing no. 150544  (Ex. CW-1/7), copy of office order 25.08.2012 (Ex. CW-1/8), copy of cancellation letter 10.09.2013 (Ex. CW-1/9), copy of letter conformation (Ex. CW-1/10), copy of letter to manager  (Ex.CW-1/11), copy of notice dated 26.09. 2013 ( Ex.CW—1/12)

(colly.) , Copy of reminder dated 8.11.2013 of the notice along with postal receipts and courier along with A.D. are exhibited as (Ex.CW-1/13) (colly) , Copy of reply dated 6.05.2014 alongwith original postal  receipts dated 06.05.2014 (Ex.CW-1/14) (co11y.) . Copy of complaint against the respondent dated 09.12.2013 vide DD No.31-B ( Ex.CW-1/15), Copy of Sanction Intimation (Ex.CW-1/16). Copy of Tripartite Agreement dated 04.03.2013 ( Ex.CW-1/17). Copy of confirmation letter issued by Bui1de/respondent (Ex CW1/18) Copy of the letter to the Manaqer Corporation Bank, Sector-16, Noida( Ex.CW-1/19). Copy of reminder letter dated 22.04.2013 and letter to the director dated  23.05.2013 and letter/ notice to the director (Ex. CW-1/20)(colly), letter dated 15.07.2013 , 24.07.2013 and 12.08.2013 (Ex. CW-1/21) (colly).

5.  In support of reply OP  filed affidavit of  Ankit  Singh along with documents i.e. copy of evidence filed by complainant before Ld. Sole Arbitrator (Ex. OP/1)  and copy of allotment letter  (Ex. OP/2) , copy of letters dated 22.04.2013,10.06.2013 (Ex. OP/3) (colly) , cancellation letter dated 10.09.2013 (Ex. OP/4). 
6. Both the parties filed their written arguments.
7. We have heard the arguments and considered the evidence led by the parties and their written and oral arguments.  In this case points to be considered are as under:-

1. Whether the complaint is maintainable in this forum?
2. Whether complainant is a consumer?

 (b) Whether there is any deficiency in service on the part of the OPs?

(c) Relief.

8.  The complainant in para no.20 of the complaint himself  alleged that he filed his statement of complaint before arbitrator Mr. Bhanu Kathpalia Sole Arbitrator at TIs Hazari Courts , Delhi in the year 2014 but the OPs filed its reply after 1 ½  year before arbitrator in the month of January 2016. Therefore parallel arbitration proceedings are already commenced between the parties.  Hon’ble National Consumer Disputes Redressal Commission , New Delhi vide order dated 13.03.2014 passed in R.P. No. 2064 of 2012 decided as under:-

  “ 8. Respondent is entitled to prove his claim before the arbitrator by leading evidence, whereas proceedings before the State Commission were to be disposed summarily.  Once respondent participated in proceedings before the arbitrator for the same relief, proceedings for similar relief could not have been initiated before the State Commission and the State Commission committed error in holding that both proceedings may go simultaneously.  The words ‘in addition’ appearing in S.3 C.P. Act enables complainant to file complaint before Consumer Fora also if not filed before other forum.”

9.  Looking to these above facts and circumstances as well as the above decision of the Hon’ble National Commission we are of the considered opinion that as the arbitration proceedings are pending before the arbitrator therefore this complaint is not maintainable in this forum and there is no need to decide the remaining points of consideration, hence the complaint is dismissed accordingly.

10. Both the parties will bear their own cost. Copy of the order made available to the parties free of cost as per law. File  be consigned to record room.

Announced on………