Chandigarh

DF-II

CC/245/2022

Gurbachan Singh Walia - Complainant(s)

Versus

Chandigarh Overseas Pvt. Ltd. - Opp.Party(s)

Adv. Inder Mohan Parihar

13 Dec 2023

ORDER

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

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Consumer Complaint  No	:	245 of 2022
Date  of  Institution	:	11.03.2022
Date   of   Decision	:	13.12.2023

 

 

 

 

 

Gurbachan Singh Walia aged 82 years son of Dr.Gurcharan Singh Walia, Resident of House No.1033, Sector 69, Mohali

             …..Complainant

 

Versus

 

1]  Chandigarh Overseas Private Limited, SCO No.196-197, Top Floor, Sector 34-A, Chandigarh through its Managing Director Sh.Sagar Setia

 

2]  Sagar Setia, Managing Director, Chandigarh Overseas Pvt. Ltd., Mona Townships Pvt. Ltd., 13^th Floor, Pearl Best Heights, Netaji Subhash Place, Delhi 110034

         Site Address:

    Fashion Technology Park, Adjacent to 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 4.

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 he purchased one residential Unit No.703, Floor No.7 in tower No.2 in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab from one Indira Pramjit Kahlon for consideration amount of Rs.25 lacs.  The complainant applied for transfer of said unit in his name with OPs whereupon OPs issued provisional allotment letter dated 16.4.2012 (Ann.C-1) and then it was transferred in his name vide letter dated 16.4.2012 (Ann.C-2). It is stated that the original buyer Mrs.Sumiti Kaur had deposited Rs.5 lacs on 18.10.2010  (Ann.C-3 & C-4) and thereafter, Mrs.Indira Paramjit Kahlon deposited Rs.5 lacs on 3.2.2012, Rs.4 lacs on 27.3.2012 (Ann.C-5 & C-6.  It is submitted that the complainant deposited Rs.4.50 lacs on 9.7.2012 and Rs.4 lacs on 9.7.2012 and thus the total amount of Rs.23,50,000/- was deposited with Ops (Ann.C-7 & C-8).  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 have put in appearance but failed to file its written version despite availing several opportunities and therefore, the defence of OPs was struck off vide order dated 09.12.2022.

3]       Parties led evidence in support of their contention.

4]       We have heard the ld.Counsel for the contesting parties and have gone through entire 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.

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

6]      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