Ashok Bhushan JUDGMENT
Ashok Bhushan, J.
1. These review petitions have been filed seeking review of the judgment dated 13.02.2018 of this Court by which civil appeals were dismissed.
2. The Civil Appeal Nos. 23512-23513 of 2017 had been filed challenging the order dated 13.07.2017 passed by Larger Bench of the National Consumer Disputes Redressal Commission (hereinafter referred to as "NCDRC") holding consumer disputes to be non-arbitrable. Prayer was also made to set aside the subsequent order dated 28.08.2017 passed by Single Member of the NCDRC dismissing the application filed Under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act") by the Appellant.
3. Looking to the nature of the issue raised in these review petitions, we have heard learned Counsel for the parties on 27.11.2018 in the review petitions after issuing notice on 17.09.2018. Delay in filing of review petitions is condoned. Learned Counsel for the parties have made elaborate submissions, which we proceed to consider in these review petitions.
4. Brief facts giving rise to civil appeals and the review petitions need to be noted for appreciating the issues raised herein. The Appellant is a company which has acquired and purchased land in District Mohali, Punjab with a view to set up and develop thereon an integrated township. The Respondent submitted an application to the Appellant for allotment of a villa in Sector 106, Mohali. A Buyer's agreement was entered dated 06.05.2008 between the Appellant and the Respondent. In the Buyer's agreement, there was an arbitration Clause providing for settlement of disputes between parties under the 1996 Act. On 27.07.2015, the Respondent filed a Complaint No. 701 of 2015 before the NCDRC against the Appellant praying for following reliefs in Paragraph No. 17 of the complaint, which are as follows:
a. The complainant prays for a direction to the opposite Parties to deliver the possession of the built up villa No. 40, At Sector 106, GMADA, and
b. to adjust the excess payment in terms of letter dated 2.2.2008, Annexure C-5, which comes to Rs. 2,63,165/- and
c. to adjust the penalty @ Rs. 1500/- per month in terms of Clause 8 of the Agreement, after 2011 for 55 months as on date which comes to Rs. 83,500/- and
d. to adjust the final account after making the above deductions of Clause B and C and to refund the remaining/balance payment back to the complainant at the earliest along with interest @ 18% per annum from 6.2.2010 (i.e. 24 months from the date of the Agreement); and
e. the Hon'ble National Commission May be pleased to grant compensation to the tune of Rs. 20,00,000 on account of deficiency in service on the part of the opposite parties, mental agony and harassment suffered by the complainant, and
f. the cost of this complaint may be awarded from the opponent to the complainant, and
g. the Hon'ble National Commission may be pleased to grant any other relief deemed in fit just and proper by the Hon'ble National Commission in the Circumstances of the case.
5. Notice was issued to the Appellant by the NCDRC on 09.11.2015 asking t........