BPS DEVELOPERS (P) LIMITED Vs. PERMANENT LOK ADALAT

JUDGEMENT

(1.) The petitioner has approached this Court against the order dated 21.4.2016 passed by the Permanent Lok Adalat (Public Utility Services), Palwal in case of Ms.Sapna Verma wife of Jugal Kishore vs. M/s B.P.S. Developers (P) Limited and M/s Crown Builders and Promoters. The respondent-Sapna Verma filed an application under Section 22 C (1) of the Legal Services Authority Act, 1987 praying for a direction to the Builder-respondent no.l to give possession of Shop No.G-9, near Bus Stand, Palwal with completion certificate, after receiving the balance sale consideration, as per the terms of the builder-buyer agreement. In the alternative, the petitioner sought the refund of the amount paid by her.

(2.) The builder who is the present petitioner filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 before the Permanent Lok Adalat contending that there was an arbitration Clause and the dispute can only be resolved through arbitrator and not by the Court.

(3.) The second objection taken in the application under Section 8 was that the Permanent Lok Adalat at Palwal has no territorial jurisdiction and it is only the Permanent Lok Adalat situated in Faridabad that would have jurisdiction to decide the dispute, if any, since the contract was signed there. These two objections have been sustained by the Permanent Lok Adalat, Palwal and the application under Section 8 has been dismissed, without expressing any opinion on the merits of the case.