Chandigarh

DF-II

CC/583/2022

HARSANDESH SINGH - Complainant(s)

Versus

CHANDIGARH OVERSEAS PVT LTD - Opp.Party(s)

MUNISH GOEL

01 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	583/2022
Date of Institution	:	02.08.2022
Date of Decision	:	01.05.2024

 

                                       

                       

 

Harsandesh Singh S/o S.R.S. Arora resident of # 19, Green Model Town, Jalandhar, Phone No.: 99881-03262, Email:- harsandesh@gmail.com

....Complainant

Versus

 

1.     Chandigarh Overseas Pvt. Limited, Fashion Technology Park, Head Office at Jade Business Park, Sector-90, Mohali Chandigarh 160055 through its Managing Director / Director / Authorized Signatory.

 

2.     Tejinder Pal Setia, Director of Chandigarh Overseas Pvt. Limited Fashion Technology Park, Head Office at Jade Business Park, Sector-90, Mohali Chandigarh 160055

 

3.     Krati Tewari Director of Chandigarh Overseas Pvt. Limited Fashion Technology Park, Head Office at Jade Business Park, Sector-90, Mohali Chandigarh 160055

 

4.     Akash Arora Vice President (finance) of Chandigarh Overseas Pvt. Limited Fashion Technology Park, Head Office at Jade Business Park, Sector-90, Mohali Chandigarh 160055

 

2ND ADDRESS: S.C.O. 249, Basement, Sector Chandigarh CH 160047 IN 44C CHANDIGARH,  0172-5001170, 5001180

Email: chdoverseas@gmail.com

 

5.     M/s Greenfield Sites Management Private Limited SCO 196-197 Fourth Floor, Sector 34-A, Chandigarh, through its Managing Director / Director / Authorized Signatory.

 

6.     Sumesh Chawla Director of M/s Greenfield Sites Management Private Limited SCO 196-197 Fourth Floor, Sector 34-A, Chandigarh

 

7.     Gursharan Batra Director of M/s Greenfield Sites Management Private Limited, H.No.1074, Mansa Devi Complex, Sector 4, Panchkula

 

8.     Hardayal Singh Mann, Director of M / s Greenfield Sites Management Private Limited SCO 196-197 Fourth Floor, Sector 34-A, Chandigarh Phone No and Email of opposite partyNo.5 to 8 0172-5001170, 5001180

 

 Email: mrchechi21@rediffmail.com

…. Opposite Parties.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Sethi Kumar, Adv. Proxy for Sh.Munish Goel, Counsel for the complainant OPs exparte.

       

 

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.         The complainant has filed the present complaint pleading therein that the OPs launched a project in the year 2006 under the name and style of “Fashion Technology Park” in Sector 90, SAS Nagar, Mohali (Punjab. Being allured by the representations, the complainant booked one Designed Studio No.6 at 6th Floor, Block A-2 in “Fashion Technology Park”, Sector 90, Mohali measuring 125 sq. ft. by paying Rs.1,25,000/- to the OPs on 14.08.2006 through cheque (Annexure C-2).  Subsequently, the Developer Buyer Agreement and the Lease Agreement were executed on 09.01.2007. As per Clause 28 of the agreement, the possession was promised to be offered after 30 months from the date of start of the construction.  The complainant made payment of Rs.4,75,000/- as detailed in para 10 of the complaint with the OPs. The construction was started in month of January, 2007 and as such the OPs were required to give the possession of the unit complete with all basic amenities etc.  It has further been alleged that the OPs have not only failed to complete the construction by July, 2009 but also failed to give the possession of the unit in July, 2009. The complainant wrote several letters to the OPs and even served the legal notice dated 18.10.2018 upon the OPs but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to give possession of the unit and to pay the interest on the deposited amount, compensation for mental agony and physical harassment as well as litigation expenses.
2.         Despite due service through publication, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 05.04.2023.
3.         The complainant filed his affidavit and documents in support of his case.
4.         We have heard the proxy Counsel for the complainant and have gone through the documents on record.
5.         It is important to mention over here that in view of the Order dated 27.02.2023 passed by the National Company Law Tribunal, Chandigarh Bench, Chandigarh in IA No.529/2023 and CP(IB) No.248/Chd/Chd/2019 titled as ‘Kone Elevator India Pvt. Ltd. vs. Chandigarh Overseas Private Limited’ and Order dated 06.09.2023 passed by the Hon’ble Supreme Court of India in Civil Appeal Nos.5533-5534 of 2023 titled ‘Tejinder Pal Setia vs. Kone Elevator India Pvt. Ltd. & ors.’, the complainant(s) should approach the Interim Resolution Professional in respect of her/his claim made in the present complaint, if not earlier lodged and shall have liberty to file fresh one, if legally entitled to do so.
6.      Accordingly, the present complaint stands disposed off in above terms with liberty as aforesaid.
7.         The pending application (s), if any, stands disposed off accordingly.
8.         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced in open Commission 01.05.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER