STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.
Execution Application No.42 of 2017
in
Consumer Complaint No.263 of 2015
Date of institution : 16.02.2017
Date of Decision : 18.01.2019
Manju Sood w/o Atrb Sood resident of H. No.3193, New Tagore Nagar, Haibowal Kalan, Ludhiana.
….Applicant/Complainant/Decree Holder
Versus
1. Unitech Limited, Real Estate Division(Marketing), 5th Floor, Tower-A, Signature Towers, South City I, NH-8, Gurgaon now at Unitech Limited, 6 Community Centre, Saket, New Delhi through its Director Ramesh Chandra.
2. Ajay Chandra, Managing Director, Unitech Limited, Real Estate Division(Marketing), 5th Floor, Tower-A, Signature Towers, South City I, NH-8, Gurgaon now at Unitech Commercial Towers II, 1st Floor, Sector 45, B Block, Greenwood City, Gurgaon – 122 001 Haryana
3. Sanjay Chandra, Managing Director, Unitech Limited, Real Estate Division (Marketing), 5th Floor, Tower-A, Signature Towers, South City I, NH-8, Gurgaon now at Unitech Commercial Towers II, 1st Floor, Sector 45, B Block, Greenwood City, Gurgaon – 122 001 Haryana
.…Opposite Parties/JDs.
Execution Application under Section 27 of the Consumer Protection Act, 1986.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mrs.Kiran Sibal, Member
Present:-
For the applicant/DH : Sh.Vishal Goel, Advocate
For OP/JD No.1 : Ms.Vertika H. Singh, Advocate
For OPs/JDs No.2&3 : None.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT :
Case taken up today in view of the order passed in Execution Application No.18 of 2017 in CC No.253 of 2015 on 07.12.2018.
Learned counsel for the OPs/JDs states that Hon’ble Supreme Court is ceased of the matter and the applicant/DH may be directed to appear before the Amicus-Curiae or Justice Dhingra Committee, appointed by the Hon’ble Supreme Court to get the relief involved in execution. Learned counsel placed on record the orders passed by the Hon’ble Supreme Court in various cases. Relevant part of the order dated 27.07.2018 passed in Civil Appeal No(s).10851 of 2016 “Arvind Kumar Gupta versus Unitech Ltd. & Ors.” is reproduced as under:-
“(i) Out of the amount which is lying deposited in the Registry of this Court and the amount which is going to be deposited in the course of the day by way of Demand Drafts, an amount of Rs.25,00,00,000/- (Rupees twenty five crores) shall be disbursed. The amount shall be disbursed to home buyers who have already registered on the portal. Apart from the portal, the learned Amicus Curiae shall also take note of the decrees passed in favour of the home buyers. It will be obligatory on the part of the decree holders who have succeeded in the judgment to apprise the learned Amicus Curiae. Such home buyers shall also be entitled for disbursal. Be it clarified, the amount shall be disbursed on equalizing on pro rata basis to those who intend to have refund. The remaining amount shall be invested in a short-term fixed deposit with UCO Bank, Supreme Court Compound.
(ii) Learned Amicus Curiae shall first carry out reconciliation keeping in view the order passed on 05.07.2018.
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(iv) Any one who is interested to take possession of the flats on ‘as is where is’ basis, may approach the learned Amicus Curiae who shall in his turn intimate the developer and if there is a possibility of possession being handed over on ‘as is where is’ basis, the said exercise shall be carried out.
(v) The amount deposited by M/s. Pioneer Urban Land & Infrastructure Limited shall be disbursed on equalizing on pro rata basis, as per order dated 14.05.2018.
(vi) The Committee shall proceed with the auction and an amount of Rs.30,00,000/- (Rupees thirty lacs) be disbursed in favour of the Committee for the said purpose.
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In the course of hearing, we have been apprised by the learned counsel for the parties who intend to take possession, that if an amount of Rs.21,00,00,000/- (Rupees twenty one crores) is given, 500 flats can be made ready. That is why we have directed disbursal of Rs.25 crores and kept the remaining amount in deposit. Let the Committee verify this aspect with the assistance of the learned Amicus Curiae and file a report before this Court within two weeks.”
On 30.11.2018 in the above mentioned case, the Hon’ble Supreme Court has been pleased to pass the following order:-
“The Committee has in its report furnished details of the status pertaining to five construction projects. The Committee has thus far released an amount of Rs.2.14 crores on the basis of bills submitted by Unitech for completing construction. The Committee has indicated that 80 flats out of 147 have been completed at Unihomes, Mohali and the architect is to carry out inspection within a period of one week. By end January 2019, 147 flats are to be completed so that possession can be handed over to the purchasers.”
On 07.12.2018, the Hon’ble Supreme Court has also been pleased to pass the following order in Civil Appeal No(s). 10856 of 2016 “Bhupinder Singh versus Unitech Ltd.”:-
“An amount of Rs. 174 crores is presently lying in deposit before this Court. In order to facilitate disbursal, this Court has issued directions for disbursement to those home buyers who have refund orders from judicial fora including the consumer courts. At this stage, it has become necessary for the Court to issue directions in order to ensure that a part of the money is kept aside for completing the construction. The Justice Dhingra Committee has been directed to take up on priority those projects where construction is at least 70% complete so that flats can be handed over to the home buyers who seek possession. In disbursing the amounts which are realised by the monetising of the assets, it is necessary to protect both group of home buyers viz., those who are seeking possession as well as those those home buyers who are interested in seeking refund. In regard to those projects which can be completed at an early date, as assessed by Justice Dhingra Committee, it will be necessary to allocate sufficient funds which can be disbursed to ensure that the flats are handed over to the home buyers. We had already issued directions earlier in that regard which are being implemented by Justice Dhingra Committee. At this stage we direct that (1) the amount of Rs 174 crores shall be bifurcated in the ratio of 50:40:10. In other words, 50% of the amount realised shall be distributed on an equalising pro rata basis to home buyers who have obtained orders from the competent courts or consumer fora. 40% shall presently be retained by the Registry to await orders for disbursement towards construction projects. 10% will be retained for Fixed deposit holders. A list of the decree holders who are registered on the portal is maintained by the Amicus. The Amicus will complete a list of decree holders as on 30.11.2018 for disbursal.”
Learned counsel for the OPs/JDs further states that the project involved in this case is also covered in the orders of the Hon’ble Supreme Court.
In view of the statement of the learned counsel at Bar and the fact that the proceeding are pending before the Hon’ble Supreme, we are of the view that we cannot go ahead in the execution application and deem it appropriate that the applicant/DH may approach the Amicus-Curiae or Justice Dhingra Committee, appointed by the Hon’ble Supreme Court for redressal of her grievance.
Accordingly, the execution application is dismissed as infructuous.
All the pending Miscellaneous Applications also stand disposed off.
(JUSTICE PARAMJEET SINGH DHALIWAL)
PRESIDENT
(KIRAN SIBAL)
MEMBER
January 18, 2019.
as
