HON’BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT

1. This complaint has been filed by the complainants under section 12 of the Consumer Protection Act, 1986 (in short ‘the Act”) praying for passing an order to direct the opposite party to make the deed of conveyance registered preferably within 2 weeks from the date of the order and to hand over peaceful possession of the flat being no. 1402 situated at Tower No. 6 at 13^th floor in Fresco Uniworld City, New Town, Rajarhat, Kolkata and also to pass an order directing the opposite party and / or their authorised representatives to pay a compensation of Rs.15,00,000/- (Rupees fifteen lakhs ) only for not giving clear picture, causing the inordinate delay in completion of  the Project and also for passing an order to pay the cost of litigation.
2. Learned Lawyer appearing for the complainants has submitted that the complainants have already made payment of Rs.71,22,349/- (Rupees seventy one lakh twenty two thousand three hundred and forty nine only) to the opposite party No. 1 and concerned flat is ready for handing over the possession. He has further submitted that complainants are also interested to get the said flat registered in their name and to take physical possession of the said flat being No.1402, Tower No. 6 at 13^th Floor, in Fresco Uniworld City, New Town, Rajarhat, Kolkata. He further submitted that complainants have not prayed for refund of the money from the opposite party 1 & 2. The complainants do not want to press for compensation. So, he has prayed for passing an order to proceed with the instant matter since the same is completely different and no similarity is there as per the direction given by the Hon’ble Apex Court.
3. On the other hand, Learned Lawyer appearing for the opposite party No. 3 has contended that complainants have got no cause of action against the opposite party No. 3. Opposite party No. 3 only sold away the freehold land in favour of the opposite party No. 1 by virtue of several registered deeds of sale. As such, the complainants implicated the opposite party No. 3 which is not tenable in any manner whatsoever. He further contended that the prayer of the complainants is not related with the opposite party No. 3. He has further contended that the agreement, payment of consideration as well as correspondences were made in between the complainants and the opposite party No. 1 & 2 and opposite party No. 3 has no role to play. So, the application being No. IA 342/2022 is misconceived and is liable to be rejected.
4. Perused the complainant petition, I A Application being No. 342/2022 and the relevant documents. Considered.
5. In Civil Appeal No(s). 10856 / 2016 (Bhupinder Singh Vs. Unitech Limited) the Hon’ble Apex Court held thus :-

“Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the company as well as the enforcement of orders that may have been passed against the company”

6. On perusal of the record, it appears that this case has been filed against the Bengal Unitech Universal Infrastructure Pvt. Ltd. and others and complainants have prayed for relief against the Bengal Unitech Universal Infrastructure Pvt. Ltd.
7. In view of the above observations of the Hon’ble Apex Court, we are unable to proceed with the matter and dispose of the complaint case with the above observation.
8. The matter is thus disposed of accordingly.
9.  I A Application being No.342/2022 stands disposed of accordingly.