Chandigarh

DF-II

CC/725/2022

KANTA RANI JAIN - Complainant(s)

Versus

M/S CHANDIGARH OVERSEAS PVT. LTD. AND OTHERS - Opp.Party(s)

22 Nov 2023

ORDER

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

======

Consumer Complaint  No	:	725 of 2022
Date  of  Institution	:	10.10.2022
Date   of   Decision	:	22.11.2023

 

 

 

 

 

Kanta Rani Jain w/o Late Sh.Gian Chand, Resident of H.No.3297/1, Gurdev Nagar, Ludhiana, Punjab.

             …..Complainant

 

Versus

 

1]  M/s Chandigarh Overseas Private Limited, Regd. Office at Metro Plaza, Cabin No.2, SCO No. 54-55, 1st Floor, Sector 9D, Chandigarh, through its Director/ Managing Director.

 

2]  Tejinder Pal Setia, Director, M/s Chandigarh Overseas Pvt. Ltd. Site Office Sohana - Landran Road, Opp Lakhnaur Cold Storage, Sector 90, SAS Nagar (Mohali)

 

3]  Sumesh Chawla S/o Sh. Brij Lal Chawla, R/o H. No. 4967, Sector 68, Pancham Society, Mohali, Punjab.

 

4]  Gursharan Batra S/o Sh. Inderlal Batra, R/o H. No. 398, Sector 46-A, Chandigarh.

 

OP No.(s) 3 and 4 are former Directors of M/s Chandigarh Overseas Private Limited.

    ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      Sh.Ravinder Pal Singh, Counsel for the complainant

Ms.Tanya Mahajan, Counsel for OPs No.1 & 2.

Sh.Pushpinder Kaushal, Counsel for OP No.3

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 the complainants booked a Residential Flat No.323, 3^rd Floor, Tower No.12, in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab vide application dated 15.11.2011 (Ann.C-1) on payment of Rs.10 lacs in cash against its total consideration of Rs.41,00,000/-.  Subsequently Buyer Developer Agreement (Ann.C-2) was executed between the parties and the complainant paid the rest of the amount to the OPs on the date of agreement.  It is stated that the agreed date of completion of the project was 31.12.2013.  The complainant was also issued Provisional Allotment Letter Ann.C-3. It is pleaded that the OPs have failed to raise the construction and deliver the possession of the Unit as per terms of the agreement 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 upon the OPs, the OPs No.1 & 2 appeared before this Commission and filed written version inter-alia taking preliminary objections that the complainants are not consumer; that the complaint cannot be adjudicated in summary procedure; that the complaint is barred by limitation and that the project suffered from force majeure.  On merits, the OPs No.1 & 2 admitted the allotment of the flat to the complainant.  It is denied that the complete payment has been made by the complainant.  It is stated that the answering OPs have taken the liability as mentioned in the Share Purchase Agreement and as per that answering OPs have taken liability of only 164 flats as the list was handed over by the erstwhile directors.  Lastly, the answering OPs have prayed for dismissal of the complaint.

 

3]       The OP No.3 in its written version stated that the complaint is not maintainable as he has resigned from the Directorship of the Company and ceased with all relationship with the OP Company on 15.12.2014 i.e. much prior to filing of the present complaint.  It is stated that answering OP No.3 has no connection with OPs NO.1 & 2 and all the records of the company had been handed over to the OP No.1 and since then the OP No.2 is managing the affairs of the OP NO.1 Company.  Lastly the OP NO.3 has prayed for dismissal of the complaint qua it.

 

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

5]       Parties led evidence in support of their 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

22.11.2023                                                               

SD/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER