Chandigarh

DF-II

MA/13/2023

Subhash Chander Sagar - Complainant(s)

Versus

M/s DLF Universal Limited - Opp.Party(s)

08 Feb 2024

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Misc. Application No.  (CC No.507 of 2022)	:	13 of 2023
Date  of filing M.A.	:	08.02.2023
Date   of   Order.	:	08.02.2024

 

 

 

 

                                     

 

1]  Subhash Chander Sagar son of Late Sh.Bal Krishan,

2]  Versha Sagar wife of Sh.Subhash Chander Sagar,

Both residents of House No.3236, Sector 51, Chandigarh

………..Complainants

 

Versus

1]  M/s DLF Universal Limited having its registered office at Shopping Mall 3rd Floor, Arjun Marg DLF City, Phase-I, Gurgaon, Haryana, India- 122002, through its Chairman/ Managing Director.

2]  Dr.Kushal Pal Singh, Chairman of M/s DLF Universal Limited having its registered office at Shopping Mall 3rd Floor, Arjun Marg DLF City, Phase-I, Gurgaon, Haryana, India – 122002

3]  Rajeev Talwar, Managing Director of M/s DLF Universal Limited having its registered office at Shopping Mall 3rd Floor, Arjun Marg DLF City, Phase-I, Gurgaon, Haryana, India – 122002

4]  Jones Lang LasalleMeghraj Building Operations (Ncr) Private Limited having its registered office at 1110, Ashoka Estate, Barakhamba Road, New Delhi 110 001 through its Director/Managing Director

5]  Raminder Singh Grover, Director of Jones Lang Lasalle Meghraj Building Operations (Ncr) Private Limited having its registered office at 1110, Ashoka Estate, Barakhamba Road, New Delhi 110 001

6]  Santhosh Kumar Janardhana, Jones Lang LasalleMeghraj Building Operations (Ncr) Private Limited having its REgd. Office at 1110, Ashoka Estate, Barakhamba Road, New Delhi 110 001.

7]  DLF Home Developers Limited Club House Hyde Park, Chandigarh through its Project Manager Manpreet Vahi and Ms. Anupama Bhatti.

   ….. OPs

 

APPLICATION FOR DELETION OF NAMES OF OPS NO.2 & 3

 

BEFORE: MR.AMRINDER SINGH SIDHU,      PRESIDENT

                 MR.B.M.SHARMA,   MEMBER

         

Present       :         Sh.Satyaveer Singh, Counsel for the complainant

Sh.Ashish Pandey, Adv. proxy for Sh.Kunal Dawar, Counsel for OP No.1.

OPs No.2 to 7 exparte.

 

                         

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.),LLM, PRESIDENT

 

            By this common order, we dispose off two Misc. Applications i.e. present M.A.No.13 of 2023 and MA No.14 of 2023 filed in CC No.506/2022 – Jagwinder Patial Vs. M/s DLF Universal Limited & Ors., both for deletion of names of OPs No.2 & 3 from memo of parties, having common questions of law & facts.

 

2]       The facts are gathered from present M.A. No.13 of 2023 – Subhash Chander Sagar & Anr. Vs. M/s DLF Universal Limited & Ors.

 

3]       The Applicant/OP No.1- M/s DLF Universal Limited has filed the Misc. Applications for deletion of the names of OPs No.2 & 3 from the memo of parties not being a necessary or proper party.  It is pleaded that the complainant has filed complaint No.507 of 2022 and part from other reliefs, sought direction to the OPs to approach owner of agricultural land adjoining the booth and to get rear wall plastered with cement.  It is stated that OP No.1- DLF Universal Ltd. is a Company incorporated & registered under the Companies Act, 1956 and is in the business of real estate development and OPs No.2 & 3 have no privity of contract. It is also stated that the Complainant with an intention to harass the OPs No. 2 & 3 and coerce OPs to submit to his unreasonable demands, have deliberately & incorrectly arrayed them as the OPs No. 2 & 3 in the complaint.  It is submitted that OPs No.2 & 3 be deleted from the array of parties as no relief can be granted against them as no payment has been received by them from the complainants as there is no privity of contract nor in the entire complaint, the Complainant anywhere averred or elaborated the role, if any, played by the OPs No.2 & 3, as regards the alleged grievances of the complainant. It is pleaded that the entire dispute can very well be adjudicated and any decision can be arrived at without the involvement of the OPs No. 2 & 3 and there is no impediment in deleting the OPs No.2 & 3 from the array of Parties.

 

4]       The complainant/respondent has filed reply to the application stating that the OPs No.2 & 3 were proceeded exparte vide order dated 02.02.2023 and if there is any grievance of OPs NO.2 & 3 that could have been raised by themselves only and not by OP No.1 on their behalf when they have chosen not to appear before this Commission.  It is submitted that OP No.2 is the Chairman and OP No.3 is the Managing Director of OP No.1 and are Incharge of the Management and daily affairs of OP No.1 Company from decision making, planning to execution of all tasks and thus responsible for its action.  Lastly it is prayed that the applications be dismissed with costs.

 

5]       We have heard the ld.Counsel for the contesting parties on both the miscellaneous applications, referred to above, and perused the entire record.   

 

6]       It is observed from the record that the present application has been filed by OP No.1 for deleting the names of OPs No.2 & 3 whereas the OPs No.2 & 3 are already proceeded against exparte in the present complaint.

7]       The main issue which requires to be determined in the present application(s) is whether OP NO.1 has locus standi to file the present application on behalf of OPs No.2 & 3 especially in the circumstances when they have already been proceeded against exparte in the present complaint. 

8]       In response to the above issue, it is held that the OP No.1 has not locus standi to file the present application on behalf of OPs No.2 & 3 for deleting their names when they are already proceeded against exparte in the present complaint.  The OPs No.2 & 3 should have filed the present application for themselves after getting set aside the exparte order of this Commission as the OPs No.2 & 3 themselves have locus standi to file the present application for themselves.

9]       In view of above observations, the present application as well as connected application, mentioned above, are dismissed.  

10]      Copy of this order be placed in the connected application/case, mentioned above. 

11]     To come up for filing rejoinder to the replication, if any, as well as for written and oral arguments of the parties on 03.04.2024.

Announced

08.02.2024          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER