Chandigarh

DF-II

CC/187/2022

Gurjot Kaur - Complainant(s)

Versus

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

Adv Dr. Govinder Singh Brar

22 Nov 2023

ORDER

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

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Consumer Complaint  No	:	187 of 2022
Date  of  Institution	:	22.02.2023
Date   of   Decision	:	22.11.2023

 

 

 

 

 

Gurjot Kaur aged about 50 years wife of Gurkiran Singh, R/o House No.325, Village Kudda Alisher, Sector 1, Chandigarh

             …..Complainant

 

Versus

 

1]  M/s Chandigarh Overseas Private Limited, having its registered Office at Metro Plaza, SCO No.54-55, 1st Floor, Sector 9-D, Chandigarh 160009

 

2]  Akash Arora, Authorized Representative/Vice-President, M/s Chandigarh Overseas Private Limited having its registered Office at Metro Plaza, SCO No.54-55, 1st Floor, Sector 9-D, Chandigarh 160009

 

3]  M/s Greenfiled Site Management Private Limited, registered Office at Metro Plaza, SCO No.54-55, 1^st Floor, Sector 9-D, Chandigarh 160009 through its Managing Director

     ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      Sh.Gurpreet Singh,Adv. proxy for Sh.Govinder Singh Brar, Counsel for the complainant

Ms.Tanya Mahajan, Counsel for OP No.1.

Op No.2 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 the complainant booked a Design Studio No.2 super built-up area 100 sq. ft. at 5^th Floor in Block A-1, in the project of OPs known as Industrial Knowledge (Fashion Technology) Park, Sector 90, SAS Nagar, Mohali, Punjab.   Thereafter, Developer Buyer Agreement (Ann.C-1) was executed between the parties and the complainant.  The complainant also booked another Studio No.11, 5^th Floor Block A-1 in the said project of the OPs.  It is submitted that the complainant paid a total sum of Rs.8,55,000/- to the OPs (Anns.C-2) against its total cost of Rs.10 lacs out of which a rebate of Rs.1,45,000/- was also given to her.  It is submitted that as per leave agreement dated 21.12.2006 (Ann.C-3), the OP No.3 was to take the possession of the said studio, manage it and also manage its lease transactions.  It is also submitted that OP No.3 was to pay rental of per month to the complainant. It is pleaded that the OPs No.1 & 2 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, the OP No.1 put in appearance but failed to file its written version despite availing several opportunities and therefore, the defence of OP No.1 was struck off vide order dated 31.05.2023.

 

3]       The OP No.2 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 06.04.2023.

 

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

5]       Complainant 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