PARSVNATH DEVELOPERS LIMITED Vs. JYOTI SOOD

JUDGEMENT

(1.) Heard for about two hours.

(2.) Execution applications were filed by the complainants seeking execution of the orders which the State Commission had passed in the consumer complaints. The State Commission held that the complainants were entitled to compensation in terms of Clause 9(c) of the Flat Buyers Agreement from the Developer but if the Developer had any claim in terms of the arbitration award against Chandigarh Housing Board, it could take recourse to other legal proceedings. Being aggrieved from the order passed by the State Commission, the Developer is before this Commission by way of these appeals.

(3.) Admittedly, the principal amount as well as the interest in terms of the order of the State Commission has been paid to the complainants/allottees. The only issue involved in these appeals is as to whether the compensation awarded by the State Commission in terms of the Clause 9(c) of the Flat Buyers Agreement is payable solely by the Developer or it is to be shared between the Developer and the Chandigarh Housing Board in the ratio of 70:30. The learned counsel for the Developer has drawn my attention to the following decision of the Arbitrator appointed to adjudicate upon the disputes between the Developer and Chandigarh Housing Board:-