Chandigarh

DF-II

CC/76/2023

PARMINDER MOHINI - Complainant(s)

Versus

CHANDIGARH OVERSEAS PVT LTD & OTHERS - Opp.Party(s)

INDER MOHAN PARIHAR

13 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	76 of 2023
Date  of  Institution	:	09.02.2023
Date   of   Decision	:	13.12.2023

 

 

 

 

 

Parminder Mohini Daughter of Sh.Rajinder Singh, wife of Sh.Gurbachan Singh Walia, Resident of House No.1033, Sector 69, Mohali

2^nd Address:- House No.1606, Union Street Schenectady, New York (USA) America

             …..Complainant

 

Versus

 

1]  Chandigarh Overseas Private Limited, SCO No.196-197, Sector 34-A, Chandigarh presently at Metro Plaza, SCO No.54-55 Ist Floor, Cabin No.2, Sector 9, Chandigarh 160009 through its Managing Director Sh.Sagar Setia

2^nd Address:- Fashion Technology Park, J 90, Adjoining BSF Housing Colony, Sector 90, Mohali

 

2]  Sagar Setia, Managing Director, Chandigarh Overseas Pvt. Ltd., Metro Plaza, SCO No.54-55 Ist Floor, Cabin No.2, Sector 9, Chandigarh 160009

 

3]  Tejinder Pal Singh Setia, Director, Chandigarh Overseas Pvt. Ltd., Fashion Technology Park, J 90, Adjoining BSF Housing Colony, Sector 90, Mohali

 

4]  Hardyal Singh Mann, Former Director and Chairman, Chandigarh Overseas Private Limited, House No.hM-2, Phase-I, Mohali

 

5]  Sanjay Pardesi, Director, Chandigarh Overseas Pvt. Ltd., Fashion Technology Park, J 90, Adjoining BSF Housing Colony, Sector 90, Mohali

    ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      Sh.Inder Mohan Parihar, Counsel for the complainant

 

Ms.Tanya Mahajan, Counsel for OPs No.1 to 3.

OP No.4 exparte

Sh.Mukesh Tomar, Counsel for IRP (Interim Resolution Professional)

 

 

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

 

         The complainant has filed the present complaint pleading that she purchased one residential Unit No.522, Floor No.5 in Tower No.11 in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab from one Dalbir Singh for consideration amount of Rs.34.50 lacs.  The complainant applied for transfer of said unit in his name with OPs whereupon OPs issued provisional allotment letter (Ann.C-1) and then it was transferred in his name vide Ann.C-2. It is stated that the original buyer Sh.Dalbir Singh had deposited with OPs Rs.5 lacs on 30.08.2011, Rs.17 lacs on 30.8.2011, Rs.5 lacs on 30.8.2011, Rs.2.50 lacs on 8.5.2012 and Rs.5 lacs on 8.5.2012 (Ann.C-3 to C-7).   However, the OPs have failed to raise the construction and deliver the possession of the Unit nor refunded the amount to the complainant despite several visits/requests.  Therefore, the present complaint has been filed with a prayer to direct the OPs to refund the deposited amount with interest as well as compensation and litigation cost.

 

2]       After service of notice, the OPs No.1 to 3 have put in appearance but failed to file its written version despite availing several opportunities and therefore, the defence of OPs No.1 to 3 was struck off vide order dated 11.05.2023.

 

3]       The ld.Counsel for the complainant did not furnish correct address of the OP No.4, hence it could not be served.

 

4]       The OP No.5 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 11.05.2023.

5]       Complainant led evidence in support of his contention.

6]       We have heard the ld.Counsel for the contesting parties and have gone through entire documents on record.

7]      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.

         Accordingly, the present complaint stands disposed off in above terms with liberty as aforesaid.

8]      The pending application (s), if any, stands disposed off accordingly.

        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

13.12.2023                                            

                                                                                         Sd/-

(AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER