9911796707
TMI Blog2013 (4) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... clause 42 will not be wiped out even after the execution of the sale deeds. 2. Brief facts of the petition are that the respondent company developed a group housing complex known as Designarch Gardenia Homes Group Housing Complex, Plot No. GH-6, Vaishali, Ghaziabad, UP which considered of two complex with 124 number of dwelling units and some commercial units. 3. The petitioners entered into a flat buyer agreement dated 12th February, 2008 with the respondent for purchase of a dwelling unit bearing flat No. L-502,5thFloor, Type Elegant, Labernum Tower in the said complex with super area of 2480 sq. feet @Rs. 2580.64/- per sq. feet excluding the cost of parking. The respondent agreed to give special discount of Rs. 80,320/- to the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th February, 2008 were incorporated as part and parcel of the sale deed. Thereafter, the petitioners state that they filed complaints before the District Redressal Forum, Ghaziabad in October, 2011 reporting unfair trade practice and deficiency of services seeking compensation and direction to the respondent. 7. The petitioners preferred an application under Section 16 of the Act raising questions on the very maintainability of the present arbitration proceeding and jurisdiction of the valid arbitration agreement concerning the said purported dispute raised by the respondent or at all. The Sole Tribunal heard the arguments and dismissed the application under Section 16 Act filed by the petitioners. 8. The contention of the petitioners is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d flat. Both these documents form part of the sale deed. The flat buyer agreement which regulate the rights and liabilities in regard to allotment and transfer of flats, would not come to an end and arbitration clause 42 will not be wiped out on execution of sale deed. The Arbitration Clause is wide enough to cover the claims made. Claim seems to have been made within three years of the execution of the sale deed and serving the legal notice. To be only noted that the said recital about there being no amount due from the buyers in the sale deeds may make the right to get further amount weakened but the claim subsist and entitlement to further payment is arbitrable. Clause 2(9) of the flat buyers agreement speaks of the liability of the flat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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