Chandigarh

DF-II

CC/498/2020

Meena Kumari - Complainant(s)

Versus

M/s Emerging India Real Assets Pvt. Ltd. - Opp.Party(s)

Rajesh Verma & Mukesh Verma

20 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	498/2020
Date of Institution	:	28.09.2020
Date of Decision	:	20.02.2024

 

                                 

                    

Meena Kumari w/o Kailash Chander r/o H.No.2311, Sector 23-C, Chandigarh.

                           ...  Complainant.

Versus

M/s Emerging India Real Assets (P) Ltd., through its Managing Director Sh.Gurpreet Singh Sidhu Present Address:- Shop No.3, Sante Majra, Opp. Divine World, Kharar, Earlier Address:- SCO No.46-47, 1^st Floor, Sector 9-D, Chandigarh -160009.

…. Opposite Party

BEFORE:
		SHRI AMRINDER SINGH SIDHU,	PRESIDENT
		SHRI S.K.SARDANA	MEMBER
Present:-
	Sh.Rajesh Verma & Sh.Mukesh Verma, Counsel of complainant Sh.J.S.Rattu, Counsel for OP. (Defence struck off).

 

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

1.        By dint of this common order, we propose to dispose of 04 connected consumer complaints in which common questions of law and fact are involved. The details of the amount alleged to be deposited by the complainant with the OP is as under:-

Sr. No.	Case No.	Parties Name	Amount (in Rs.)
1.	498/2020	Meena Kumari Vs. M/s Emerging India Real Assets (P) Ltd.	19,43,750/-
2.	597/2020	Prem Lata Puri Vs. M/s Emerging India Real Assets (P) Ltd.	Rs.53,90,932/-
3.	598/2020	Prem Lata Puri Vs. M/s Emerging India Real Assets (P) Ltd.	Rs.30,23,670/-
4.	499/2020	Rajan Bhateja Vs. M/s Emerging India Real Assets (P) Ltd. & Another	Rs.3,50,000/-

2.        The facts are gathered from C.C.No.498/2020- Meena Kumari Vs. M/s Emerging India Real Assets (P) Ltd. 
3.        The complainant has filed the present complaint alleging therein that the complainant applied for a residential plot measuring 150 sq. yards for total consideration of Rs.24.75 lakhs in the project of the OP known as Emerging Valley located at Landran Banur Road, Mohali. The complainant was issued provisional allotted plot No.95 vide allotment letter dated 29.07.2016 (Annexure C-1). The complainant paid Rs.19,43,750/- to the OP vide Annexure C-2 (Colly.). Later on, the complainant came to know that the OP had not taken the requisite permissions from the competent authorities for selling the units.   The GMADA vide letter dated 20.06.2017 informed that the OP was not competent to sell any plot/flat etc.  It has further been averred that the OP had sold the plot without having any permissions/approvals and license from the concerned department.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed this complaint seeking directions to the OP to refund the deposited amounts along with interest, compensation and litigation costs.
4. We have heard the Counsel for the contesting parties and gone through the documents on record.
5. From the documentary evidence placed on file by the complainant itself, it is observed that the complainant had booked the unit in question with M/s Emerging Valley (P) Ltd. and deposited the alleged amounts with M/s Emerging Valley (P) Ltd. Moreover, the receipts regarding the payments in respect of the same have also been issued by the said company.  However, M/s Emerging Valley (P) Ltd. has not been impleaded as party in the array of the parties by the complainant. Moreover, the complainant has not placed on record any document issued by M/s Emerging India Real Assets (P) Ltd. in his/her favour. Thus, the complaint is bad for non-joinder and mis-joinder of necessary party. No relief can be awarded against the OP-M/s Emerging India Real Assets (P) Ltd. as the same is having different legal entity than M/s Emerging Valley (P) Ltd.
6.        In the light of above observations, the complaint is liable to be dismissed being bad non-joinder and mis-joinder of necessary parties. Accordingly, the same is dismissed.  However, the complainant(s) is at liberty to file afresh complaint against the proper and necessary party as per law.
7.        The pending application(s) if any, stands disposed of accordingly.
8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced
20.02.2024		Sd/- [AMRINDER SINGH SIDHU] PRESIDENT
		Sd/- (S.K.SARDANA)
		MEMBER