Arbitration Clause Invoked by the Builder- Solution
I am resident of Chennai. A CREDAI registered builder has delayed the project by 2.5 years. He had sent me a ledger and I found that no amount has been delayed 638 day's and brought to the notice of the builder as part or reconciliation of accounts. He had levied interest from Booking amount onwards which was not fair and also to avoid compensation which is part of the agreement he has Invoked Arbitration Clause 68 of the agreement. I have paid full amount and nothing is outstanding from my side. I have been requesting for Inspection and key's hand over. With the Invocation of the clause the Sales team is avoiding my calls and meetings. They do not provide access to legal or decision makers. It is heart burn now. Neither they have called for an Arbitration proceedings, it is almost a month from reply to their RPAD. I have been writing a mail to the MD requesting humanitarian gesture and magnanimity is resolving this issue amicably eventhough I may be right technically, since I do not have faith in likely appointment or arbitrator and the whole process of law even if the award is in my favour, as it may countered by the builder to continue to harass me for a principle centered/ethical practices. I also understand that a buyer's group whatsapp was formed and I had mentioned that we would take it leagally after hand over. Someone from the group for their advantage have sent a screen shot and this is the reason I am getting Isolated and Invocation of Arbitration Caluse. Now I wish to know:
1. Whether I can tak it up with CREDAI CGRF when an arbitration is invoked by the builder for there mediation?
2. Whether I can parallely file a case in District Consumer Forum and how much time it would take for result?
3. RERA not implemented in TN, once an act is passed, can I take it up in RERA court when an arbitration is Invoked?
Please share your thought ins providing a soluton.