^{STATE CONSUMER DISPUTES REDRESSAL COMMISSION,}

                            ^{UNIONTERRITORY, CHANDIGARH}

^{Sh. Gurjinder Singh son of Sh. Gurdit Singh, resident of #37, Chads Road, Wilston, W147AN, England (U.K.).}

                                                                            ^Versus

^{1.      Emaar MGF Land Pvt. Ltd., SCO 120-122, Sector 17-C, Chandigarh through its Managing Director.}

^2.      

^BEFORE:      

^{MRS. PADMA PANDEY, MEMBER}

^{Present:     Sh. Subhash Chander Sharma, Advocate for the}                                    

^{PER DEV RAJ, MEMBER}

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“3.Act not in derogation of any other law.—

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”

Section 3 of the Act, is worded in widest terms, and leaves no manner of doubt, that the provisions of the Act, shall be, in addition to, and not in derogation of any other law, for the time being, in force. The mere existence of an arbitration clause, in the document, aforesaid, would not oust the jurisdiction of the Consumer Fora, in view of the provisions of Section 3 of the Act.  . In this view of the matter, the submission of the Counsel for the Opposite Parties, being devoid of merit, must fail, and the same stands rejected.

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15.        , the National Commission held, in Para No.5, interalia, as under:-

“………it is unquestionable that the burden of proof lies on the person who would benefit from such a plea. If the whole case hinged on this plea of not providing basic activities/basic infrastructure, which was vehemently denied by the respondent, in fact, clearly stating that the basic amenities have been provided then in my view the burden of proof to prove the absence of such facilities lay with the petitioner/complainant which he failed to discharge to his deferment……..”

The ratio of the principle laid down in

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“2(f) The Allottee has entered into this Agreement on the condition that out of the amounts paid/payable by the Allottee towards the Sale Price, the Company shall treat 30% of the Sale Price as Earnest Money (hereinafter referred to as “the Earnest Money”). However, if the Allottee chooses not to sign this Agreement and further chooses to forfeit his allotment, then 20% of the amount paid by the Allottee at the time of the Expression of Interest shall stand forfeited. And the rest of the amount (if any) shall be refunded to the Allottee. However, after signing this Agreement, in order to ensure the fulfillment, by the Allottee, of all the terms and conditions as contained in the application and this Agreement and in the event of the failure of the Allottee to perform all obligations set out in this Agreement or fulfill all the terms and conditions of this Agreement or in the event of failure of the Allottee to sign and return this Agreement in its original form to the Company within 30 (Thirty) days from its date of Receipt by the Company, the Allottee hereby authorizes the Company at its sole option and discretion, to forfeit out of the amounts paid by the Allottee, the Earnest Money as aforementioned together with any interest paid, due or payable, any other amount of a non-refundable nature. The allottee further agrees that the condition of forfeiture of Earnest Money shall remain valid and effective till the execution and registration of the Conveyance Deed for the Plot and the Allottee hereby authorizes the Company to resort to such forfeiture after considering the above mentioned 30 (thirty) days as notice period to the Allottee and the Allottee has agreed to this condition to indicate the Allottee’s commitment to faithfully fulfill all the terms and conditions contained in the Allottee’s application and this Agreement.”

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(i)      alongwith

(ii)       

(iii)               The amount mentioned, in Clauses (i) and

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Pronounced.

April 16, 2014.

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Sd/-

[PADMA PANDEY]

MEMBER

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STATE COMMISSION

(Consumer Complaint No.10 of 2014)

^{Argued by:Sh. Subhash Chander Sharma, Advocate for}

Dated the 16^th

ORDER

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