Chandigarh

DF-II

CC/748/2022

KULJIT SURI - Complainant(s)

Versus

CHANDIGARH OVERSEAS PRIVATE LIMITED - Opp.Party(s)

22 Nov 2023

ORDER

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

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Consumer Complaint  No	:	748 of 2022
Date  of  Institution	:	02.11.2022
Date   of   Decision	:	22.11.2023

 

 

 

 

 

1]  Kuljit Suri w/o Lt. Col. Gurdial Singh Suri,

2]  Lt.Col.Gurdial Singh Suri,

 

Both residents of H.No.1194, Sector 34-C, Chandigarh

             …..Complainants

 

Versus

 

1]  Chandigarh Overseas Private Limited, Fashion Technology Park, next to BSF Housing Colony, Sector 90, Mohali.

 

2]  Tejinder Pal Setia, Managing Director, Chandigarh Overseas Private Limited, Fashion Technology Park, next to BSF Housing Colony, Sector 90, Mohali.

    ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      Sh.Ravinder Pal Singh, Counsel for the complainants

None for OP No.1.

Ms.Tanya Mahajan, Counsel for OP No.2.

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 complainants with an intention to start a business of boutique for complainant No.1 and to earn her livelihood by way of self-employment, booked a Design Studio No.5 situated at 6^th Floor in Block A-2, in the project of OPs known as Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab.   Thereafter, Developer Buyer Agreement (Ann.C-8) was executed between the parties and the complainants paid a total sum of Rs.9,50,000/- to the OPs (Anns.C-3 to C-7 & C-10 & C-11)) against its total cost of Rs.10 lacs.  It is submitted that the possession of the unit was to be handed over to investors after 30 months to be counted from 2^nd week of Sept., 2006. It is also stated that the complainants just to have an additional security of their funds, chosen to sign the Lease Agreement on 26.12.2006 with sister concerned of OPs namely Greenfield Sites Management Pvt. Ltd. to come into effect when OP No.1 offered the possession of the unit.  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 OPs No.1 & 2 appeared before this Commission and filed written version inter-alia taking preliminary objections that the complainants are not consumer; that the complaint cannot be adjudicated in summary procedure; that the complaint is barred by limitation and that the project suffered from force majeure.  On merits, the OPs No.1 & 2 admitted the receipt of amount as well as allotment of the Unit to the complainants.  It is denied that the complainants were willing to own the unit for earning livelihood and that the investment was for commercial purposes and the complainant have entered into an agreement with M/s Greenfield Sites Management Private Limited for leasing the property for 9 years.  Lastly, the answering OPs have 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

22.11.2023                                                                Sd/-

 

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER