DLF HOME DEVLOPERS LTD. Vs. MARTIN GEORGE

JUDGEMENT

(1.) The same appellant viz., M/s.DLF Home Developers Ltd., filed the captioned appeals under Section 37 of the Arbitration and Conciliation Act, 1996, hereafter referred for brevity 'the Act' only, against different orders of dismissal passed in Original Petitions (Arbitration) filed by it under Section 34 of the Act on being aggrieved by different arbitral awards passed in favour of the respective respondent in the appeals. M/s.DLF Home Developers Ltd. and the respective respondent in each of the appeals had entered into agreements, on different dates styled as the Apartment Buyers Agreement for the purpose of purchase of apartments in the then proposed project of the appellant by name "DLF Riverside". At the request of the parties and also taking note of the commonness of the issues as also the contentions the appeals were jointly heard and they are being disposed of by this common judgment. For a proper disposal of the appeals we think it appropriate to make a succinct narration of the relevant factual aspects involved in each of the appeals.

(2.) This appeal is filed against the order dated 22.1.2020 in O.P.(Arb)No.287 of 2018 of the Court of the Additional District Judge-VII, Ernakulam. The respondent-claimant initially booked Apartment No.RSC-083 as per agreement dated 1.2.2008, in DLF Riverside Project. On acceptance of the announced scheme for upgrading to a larger apartment and pursuant to the execution of 'Apartment Buyers Agreement' with the appellant on 7.1.2009 the respondent was, later, allotted Apartment No.RSC-062, on the 6 th floor of Tower-C. Even after execution of the said agreement, 1.2.2008, which is the date of the agreement in relation to Apartment No.RSC- 083 initially booked by him, was mutually agreed as the date of the agreement. The respondent effected a total payment of Rs.1,26,19,660.89. The total cost of the newly allotted apartment, of course, to be handed over on completion of the construction, was informed as Rs.1,32,85,731.49 inclusive of the cost of two car parking spaces. According to the respondent, the apartment was to be fully built, complete with all facilities, amenities and services and with all statutory approvals and clearances etc., by 1.9.2010, but it was not handed over, as agreed, even by 15.9.2015. Hence, raising aforesaid contentions, the respondent in this appeal filed claim, numbered as Arbitration Case No.8/2015, on 15.9.2015 for a sum of Rs.1,26,19,660.89 claiming to be the sum total paid for the purchase of Apartment No.RSC-062. In addition, he claimed an amount of Rs.1,53,75,210/- towards interest computed at the rate of 18% per annum on the principal amount from the respective dates of each payment till the date of claim petition. He also claimed interest at the rate of 18% per annum on the principal amount of Rs.1,26,19,660.89 from the date of claim petition till the date of award. He claimed an amount of Rs.1 Crore as damages and also claimed future interest from the date of award at the rate of 18% per annum till realisation. The sole Arbitrator passed an award on 1.8.2018, upon considering the evidence on record as also the rival contentions, partly allowing the claim petition and awarding a sum of Rs.2,32,88,271.47 (Rupees Two Crores Thirty Two Lakhs Eighty Eight Thousand Two Hundred and Seventy One and Forty Seven Paise only). The respondent-claimant was also held entitled to claim future interest on the principal amount paid viz., Rs.1,26,19,660.89, at the rate of 9% per annum till recovery.

(3.) This appeal is filed against the order dated 16.1.2020 in O.P.(Arb)No.264 of 2018 of the Court of the Additional District Judge-II, Ernakulam. The respondent-claimant booked a Duplex Apartment (RSE- 122) in DLF Riverside Project of the appellant. The total cost of the apartment allotted and, of course, to be handed over on completion of construction, was Rs.1,48,10,475/- inclusive of the cost of two car parking spaces. He paid a sum of Rs.1,41,30,524.61, towards the cost of the apartment allotted to him. As per the Apartment Buyers Agreement dated 31.1.2008, the apartment was to be fully built, complete with all facilities, amenities and services and with all statutory approvals and clearances etc., by 31.8.2010, but it was not handed over, as agreed, even by 1.9.2015. Hence, the respondent in this appeal filed claim, numbered as Arbitration Case No.15A/2015, on 1.9.2015 for a sum of Rs.1,41,30,524.61 claiming to be the sum total paid for the purchase of Apartment No.RSE-122. In addition, he claimed an amount of Rs.1,96,47,873.59 towards interest computed at the rate of 18% per annum on the principal amount from the respective dates of each payment till the date of claim petition. He also claimed interest at the rate of 18% on the principal amount of Rs.1,41,30,524.61 from the date of claim petition till the date of award. He claimed an amount of Rs.50,00,000/-as damages and also claimed future interest from the date of award at the rate of 18% per annum till realisation. The sole Arbitrator passed an award on 16.7.2018, upon considering the evidence on record as also the rival contentions, partly allowing the claim petition and awarding a sum of Rs.2,60,11,803.24 (Rupees Two Crores Sixty Lakhs Eleven Thousand Eight Hundred and Three and Twenty Four Paise only). The respondent-claimant was also held entitled to claim future interest on the principal amount paid viz., Rs.1,41,25,664.26 at the rate of 9% per annum till recovery.