Chandigarh

StateCommission

CC/379/2018

Dr. Lok Raj - Complainant(s)

Versus

Unitech Limited - Opp.Party(s)

Arjun Sheoran, Neha Sonawane, Adv.

21 Dec 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Complaint No.	:	379 of 2018
Date of Institution	:	09.10.2018
Date of Decision	:	21.12.2021

Dr. Lok Raj S/o Garib Dass, R/o 18, The High Street, Two Mile Ash, Milton Kynes, MK99DZ (U.K.).

India Address: C/o #472, Sector 38-A, Chandigarh.

•  

Versus

1. Unitech Limited, Marketing Office at SCO 189-90-91, Sector 17C, Chandigarh through its Partner/Authorized Representative/Managing Director.

Regd Office at 6, Community Centre, Saket, New Delhi 110017.

2. Alice Developers Private Limited, Regd. Office at Basement-6, Community Centre, Saket, New Delhi-110017 through its Partner/Authorised Representatives/Managing Director.

Opposite Parties.

Argued by: (THROUGH PHYSICAL HEARING)

 

Sh. Sumit Puri, Advocate proxy for Sh. Arjun Sheoran, Advocate for the complainant.

Sh. Siddharth Batra and Sh. Abhinav Sood, Advocate on behalf of Unitech Limited (opposite partyNo.1) through newly constituted Board of Directors appointed by the Hon’ble Supreme Court of India vide order dated 20.01.2020 and also for opposite partyNo.2 (Alice Developers Pvt. Ltd.).

 

Complaint No.	:	55 of 2019
Date of Institution	:	08.02.2019
Date of Decision	:	21.12.2021

Ajay Rana S/o Shri Balbir Singh resident of C/o Sarvkalyan Eye Hospital, Manu Market, Mahesh Nagar, Ambala (Haryana).

…..Complainant.

Versus

1. Unitech Limited, Marketing Office at SCO 189-90-91, Sector 17C, Chandigarh through its Director.

Second Adress/Registered Office:-

Registered Office at 6, Community Centre, Saket, New Delhi 110017.

2. Alice Developers Private Limited, Registered Office at Basement-6, Community Centre, Saket, New Delhi-110017 through its Director.

Opposite Parties.

Argued by: (THROUGH PHYSICAL HEARING)

 

Sh. Satinder Kumar Rana, Advocate for the complainant.

Sh. Siddharth Batra and Sh. Abhinav Sood, Advocate on behalf of Unitech Limited (opposite party No.1) through newly constituted Board of Directors appointed by the Hon’ble Supreme Court of India vide order dated 20.01.2020 and also for opposite partyNo.2 (Alice Developers Pvt. Ltd.).

 

Complaint No.	:	180 of 2019
Date of Institution	:	22.08.2019
Date of Decision	:	21.12.2021

1. Baldev Kaur wife of Sh. Gurdev Singh.
2. Sh. Gurdev Singh son of Sh. Arjan

Both residents of H.No.2442, Mundi Co-operative Housing Society, Sector 70, Mohali, at present of 32918 Brookside Cr. Livonia MI.48152 USA, through there Special Power of Atrorney Holder Surjit Singh son of Hazara Singh, resident of VPO – Chak Mafi, Tehsil-Samrala, District Ludhiana.

•  

Versus

1. Unitech Limited, Regd. Office at 6, Community Centre, Saket, New Delhi through its Managing Director.
2. Unitech Limited (Uniworld City Mohali), Marketing Office at SCO 189-90-91, Sector 17, Chandigarh through its authorized officer.
3. Alice Developers Pvt. Ltd., registered office at Basement-6, Community Centre, Saket, New Delhi through its Managing Director.
4. Ajay Chandra, Managing Director, Unitech, Office 6, Community Center, Saket, New Delhi.
5. Sanjay Chandra, Managing Director, Unitech, Office 6, Community Center, Saket, New Delhi.
6. Anil Moudgil, Director, Alice Developers Pvt. Ltd., registered office at Basement-6, Community Centre, Saket, New Delhi.
7. Yogesh, Director, Alice Developers Pvt. Ltd., registered office at Basement-6, Community Centre, Saket, New Delhi.

Opposite Parties.

Argued by: (THROUGH PHYSICAL HEARING)

 

Sh. R. S. Jhand, Advocate for the complainants.

Sh. Siddharth Batra and Sh. Abhinav Sood, Advocate on behalf of Unitech Limited (opposite parties No.1 & 2) through newly constituted Board of Directors appointed by the Hon’ble Supreme Court of India vide order dated 20.01.2020 and also for opposite party No.3 (Alice Developers Pvt. Ltd.).

Sh. Vishal Gosain, Advocate for opposite parties No.4 & 5.

None for opposite parties No.6 & 7.

 

BEFORE:       JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                        MR. RAJESH K. ARYA, MEMBER.

 

PER  RAJESH  K.  ARYA, MEMBER

                        Vide this common order, we are disposing of aforesaid three complaints bearing Nos.379 of 2018, 55 of 2019 & 180 of 2019 filed by the respective complainants against Unitech Limited and Alice Developers Pvt. Ltd. through their Managing Director/Directors. However, in CC/180/2019 titled ‘Baldev Kaur & Anr. Vs. United Limited & ors., the Managing Director/ Directors of Unitech Ltd. and Alice Developers Pvt. Ltd. have also been made party as opposite parties No.4 to 7.

2.                     During pendency of the proceedings of these complaints, the opposite parties, through their Counsel, placed on record copy of order passed in Civil Appeal No.10856 of 2016 titled ‘Bhupinder Singh Vs. Unitech Ltd.’ vide order dated 20.01.2020, whereby the Hon’ble Supreme Court of India has passed moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The relevant part of the said order reads thus:-

“(vii)     Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the Company as well as the enforcement of orders that may have been passed against the company.”

 

3.                     Till the time/date, when arguments were heard in these cases, nothing has been brought on record to show that the said moratorium has been vacated by the Hon’ble Apex Court. In this view of the matter, these complaints are adjourned sine die giving liberty to the parties to file  an application for revival of these complaints in case, the moratorium is vacated or modified.

4.                     Copy of this order be placed in the file of connected complaints bearing Nos.554 of 2019 and 180 of 2019.

5.                     Certified copies of this order, be sent to the parties, free of charge. Copy of this order be also sent to the parties/their Counsel through email/whatsapp.

6.                     The file be consigned to Record Room, after completion.

Pronounced.

21.12.2021.

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

(RAJESH  K. ARYA)

MEMBER