Chandigarh

DF-II

CC/577/2021

Mehal Singh Bhullar - Complainant(s)

Versus

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

Adv. Gurvinder Sandhu

22 Nov 2023

ORDER

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

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Consumer Complaint  No	:	577 of 2021
Date  of  Institution	:	02.09.2021
Date   of   Decision	:	22.11.2023

 

 

 

 

 

Mehal Singh Bhullar S/o Late Sh. Ranga Singh Bhullar Resident of H. No. 1489, Sector 40-B, Chandigarh.

             …..Complainant

 

Versus

 

1]  M/s Chandigarh Overseas Private Limited, SCO No. 249, Sector 44C, Chandigarh (earlier at SCO No. 196-197, Top Floor, Sector 34-A, Chandigarh) through its Director.

 

2]  M/s Chandigarh Overseas Pvt. Ltd. Site Office Sohana Landran Road, Opp Lakhnaur Cold Storage, Sector 90, SAS Nagar (Mohali) through its authorized person/ owner/ agent.

 

3]  Hardyal Singh Mann S/o Sh. Karam Singh Mann, R/o H. No. HM-24, Phase - 1, Mohali, Punjab.

 

4]  Sumesh Chawla S/o Sh. Brij Lal Chawla, R/o H. No. 1492, Sector 40-B, Chandigarh.

 

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

OP No.(s) 3 to 5 are former Directors of M/s Chandigarh Overseas Private Limited.

 

6]  Tejinderpal Setia, Director of M/s Chandigarh Overseas Private Limited.

 

7]  Sagar Setia, Director of M/s Chandigarh Overseas Private Limited.

 

8]  Trajinder Setia Setia, Director of M/s Chandigarh Overseas Private Limited.

 

OP No.(s) 6 to 8 are present Directors of M/s Chandigarh Overseas Private Limited and are residing at H. No. 399, Ground Floor, Bhera Enclave, Paschim Vihar, New Delhi 110087.

    ….. 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, Adv. proxy for Sh.Sukaam Gupta, Counsel for OPs No.1,2,6,7 & 8.

None for OP No.3.

Sh.Pushpinder Kaushal, Counsel for OP No.4 & 5

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 Residential Flat measuring 2075 sq. ft. in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab by making payment of Rs.15 lacs against its total consideration of Rs.35 lacs (Ann.C-1).  Subsequently Buyer Developer Agreement (Ann.C-2) was executed between the parties and the possession of the flat was to be delivered to the complainant within 5 years i.e. by Nov., 2012.  However, the OPs failed to deliver the possession by the promise time and after much persuasion, the OPs agreed to compensate the complainant for delay by treating the already paid amount of Rs.15 lacs as the full & final amount against the total cost of the unit.  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, the OPs No.1,2,6,7 & 8 appeared before this Commission and filed written version inter-alia taking preliminary objections that there is no privity of contract between the complainant and answering OPs; complainant is not consumer; that the complaint cannot be adjudicated in summary procedure and that the project suffered from force majeure.  On merits, it is stated that Ann.C-1 of the complainant shows that the complainant entered into a contract with OP No.4 as against the alleged residential unit and not with answering OP and hence the answering OPs are not under contractual obligation to indemnify the complainant as the complainant has paid the amount in cash, as stated in the complaint to OP No.4 – Sumesh Chawla and neither of any of the amount, as alleged by the complainant has been paid and received at the end of the answering OP.  It is submitted that there is no relation of customer and service provider between the complainant and answering OPs. Lastly, the answering OPs have prayed for dismissal of the complaint.

 

3]       The OP No.4 & 5 in their written version stated that the complaint is not maintainable as the answering OPs 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.4 & 5 has no connection with OP Company (Chandigarh Overseas).  It is submitted that Tejinder Pal Setia/OP No.6 & 8 who had took over the management of the company/OPs No.1 & 2 in Dec., 2014 is the responsible officer/Managing Director of the Company.  Lastly the OP NO.4 & 5 have prayed for dismissal of the complaint qua it.

 

4]       The OP No.3 after initially putting in appearance through Sh.Damanpreet Singh, Advocate did not turn up thereafter nor filed written version.

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