Chandigarh

DF-II

CC/542/2020

Ram Kumar Sharma - Complainant(s)

Versus

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

Vivek Mohan Sharma & Anil Gogna Adv

13 Dec 2023

ORDER

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

======

Consumer Complaint  No

:

542 of 2020

Date  of  Institution 

:

14.10.2020

Date   of   Decision 

:

13.12.2023

 

 

 

 

 

Ram Kumar Sharma son of Sh.Sagar Mal Sharma resident of Flat No.54, Block C, Kenderiya Vihar, Sector 25, Panchkula (Haryana)

             …..Complainant

 

Versus

 

M/s Chandigarh Overseas Private Limited, having its Office SCO 249, Basement, Sector 44-C, Chandigarh through its Director

2nd Address:-

M/s Chandigarh Overseas Private Limited, having its site office at Fashion Technology Park, next to BSF Housing Colony, Sector 90, SAS Nagar, Mohali, through its Director

    ….. Opposite Party 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      Sh.Vivek Mohan Sharma, Counsel for the complainant

None for OP

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 in order to earn his livelihood by way of self-employment i.e. to set up his own office, purchased a Studion/Unit measuring 100 sq. ft. No.5 in Block A-2, in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab vide application dated 30.11.2016 (Ann.C-1) by making payment of Rs.1,25,000/-.    Thereafter, the complainant paid further amount of Rs.3,50,400/- (Ann.C-2 colly) and thereby made a total payment of Rs.4,75,k400/- to the OPs against its total cost of Rs.5.00 lacs.  It is submitted that the possession of the unit was to be handed over to investor after over till 18.1.2010.  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 complainants 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 OP appeared before this Commission and filed written version inter-alia taking preliminary objections that the complainant is not consumer; that the complaint is barred by limitation and that the project suffered from force majeure.  On merits, the OP admitted the receipt of amount as well as allotment of the Unit to the complainant. It is denied that the complainant was willing to own the unit for earning livelihood and that the investment was for commercial purposes.  Lastly, the answering OP has prayed for dismissal of the complaint.

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

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