Deduction in refund amount
1. I booked a flat in Nov-2012 , builder made the one sided agreement in March-2012, i had to agree as made 25% advance payment already, 2.) Cancelled the flat in Sep-15 , on account of the slow construction and change in site plan without taking my consent , did not give the approach road from highway. 3.) builder refunded the amount after deducting amount around 1.5 lacs on account of commission to a dealer. till now dt. 10.10.2016 construction has not completed. 4) I filed a case in consumer forum praying a). refund balance 1.5 lacs, alongwith 2.) interest from the time of the booking comes to around 17.5 lacs total refund amount 19 lacs 5) builder took the plea and asked to settle the case out of the consumer court as per the arbitration clause already there in agreement as per below .
" in the event of any dispute between two, the same shall be refereed to the arbitration of a retired high court judge appointed by builder, the arbitration shall be under the provision of arbitration and reconcilation act"
As agreement is unilateral as per the appartment act and property act . But totally in favor of builder
My questions
1) Will i get the refund of deduction on account of commission
2.) what about interest part will i get it too
3.) Most important , Can builder force me through consumer forum to settle the case out of the court as per the agreement , Arbitration clause as per above, since builder office too far from my place, moreover it will not be possible for me to fight the case at his place.
Asked 7 years ago in Property Law
Religion: Hindu
In application moved by builder in CF , he has quoted that " though the view has been taken by the Honble National commission that remedy under the consumer protection act being an additional remedy, the consumer forum possesses the requisite jurisdiction to proceed with the consumer complaint in accordance with the provision of the consumer protection act, however , in view of the amendment, the Legislature has stepped in and added the words notwithstanding any judgement , decree or order of the supreme court or any court by way of the arbitration and concilation (amendment ) act , 2015, so as to make it mandatory for a judicial authority to refer the parties to arbitration , despite the decisions given earlier.
Can you please explain the above ,
Asked 7 years ago