Order No: 4 Date:29/11/2023
Today is fixed for further admission hearing. Complainant side is found ready. Heard Ld. Advocates for the complainant side. Considered submission.
At the time of hearing, Ld. Advocate by referring the judgment of Hon’ble Apex Court passed in Civil Appeal No.3952 of 1990. D/d. 2.8.2000 and also by referring the judgment of Hon’ble National Commission passed in the case law
ANSAL API MEGAPOLILS BUYER’S ASSOCIATION (REGD.) & 16 ORS.
Through Its President Mr. Pawan Verma Registered
Address : 261, Katra Gul Khan Subzi Mandi,
Delhi-110017.
-Verslus-
ANSAL HI-TECH TOWNSHIPS LTD.
(Through Its Managing Director), Regd. Office: 115
Ansal Bhawan, 16, Kasturba Gandhi Marg,
New Delhi – 110001
and also by referring the judgment of Hon’ble National Commission passed in Rajesh Gupta v. M/s. Axis Bank Ltd. (NCDRC) (New Delhi) pointed out that the complainant is entitled to get back his property and for that reason this complaint case has been filed.
After going through the materials of the case record it is reflected that in the agreement there is an arbitration clause and accordingly one arbitration proceeding was started and arbitration award has been passed but the present complainant had not participated in the said arbitration proceeding. At the same time the present complainant has also not challenged the arbitration award. So, the arbitration clause is binding upon the complainant.
In view of this position the decisions which have been cited by the complainant side are not applicable in this case.
Considering all the above noted factors this District commission is of the view that this complaint case is not maintainable before this District Commission and the only jurisdiction of getting relief by the complainant is lying before the Civil Court.
So, the complaint petition is returned to the complainant with direction to file the same before the appropriate forum.
In the light of the observation made above this complaint case is disposed of.
Dictated & corrected by me.
President
