OYESTER HOMES CHENNAI PVT. LIMITED Vs. G.CHOLAN

JUDGEMENT

(1.) The petitioner filed the present Arbitration Original Petition in Arb.O.P.No.392 of 2022, feeling aggrieved and dissatisfied with the award passed by the sole Arbitrator dtd. 19/3/2022, under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called as 'the Act').

(2.) The brief facts of the case are as follows: The petitioner is a builder and promoter and the respondent is the buyer of a flat. The petitioner has registered an undivided share of land to an extent of 410 square feet in the name of the respondent vide sale deed dtd. 13/11/2014. Thereafter, a construction agreement dtd. 9/11/2014 was entered by the petitioner with the respondent to construct the flat F3 in first floor. The petitioner had agreed to hand over the possession of the same to the respondent within 15 months from the date of registration along with two months grace period subject to the building work not being delayed or suspended due to unexpected or unavoidable circumstances, shortage of water and commodities like steel, cement and other building materials, civil commotion, riots, act of God, orders of Court, statutes, notification etc., or due to any additional/alteration works required/requested by the Client, or delay in getting electrical or water or excessive rain beyond the control of the Builder or delay caused on account of any notice, order or rule, relating to the schedule property pending final determination by the Court, or any other authority or change in any Rule, Regulation or Bye-laws or any Statutory body or authority from time to time affecting the development/Building project, or other reasons which are not in control of the Builder.

(3.) The respondents, who were the claimants, had filed a claim statement before the learned Arbitrator stating that in terms of the agreement, the petitioner refused to hand over the flat within the time prescribed in the construction agreement. The learned Arbitrator after hearing both the parties, passed a final award dtd. 19/3/2022 and the relevant portion of the finding of the award is as follows: