Chandigarh

DF-II

CC/1164/2019

Rekha Verma - Complainant(s)

Versus

Chandigarh Overseas Private Limited - Opp.Party(s)

Adv. Anil Mehta

15 Nov 2023

ORDER

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

======

Consumer Complaint  No	:	1164 of 2019
Date  of  Institution	:	11.12.2019
Date   of   Decision	:	15.11.2023

 

 

 

 

 

Rekha Verma w/o Sh.Vijay Kumar Verma, r/o House No.290-B, Mianwali Colony, Gurgaon, Haryana

 

             …..Complainant

 

Versus

 

1]  Chandigarh Overseas Private Limited, having its Registered Office at SCO No.196-197, Sector 34-A, Top Floor, Chandigarh through its Director or Authorized Representative.

 

2]  Fashion Technology Park, having its Project at Sector 90, SAS Nagar, Mohali, Punjab through its Director or Authorized Representative.

    ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                 MEMBER

                               

Present:      None for the complainant

              None for OPs

Sh.Mukesh Tomar, Counsel for IRP

 

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

 

         By this common order, we propose to dispose off Four (04) connected consumer complaints i.e. present consumer complaint and two three consumer Complaints, detailed below, having common questions of law & facts:-

 

1	2	3	4	5	6
Sr.No	C.C. No.	Complainant’s Name	Vs.	Opposite Party(ies)	Date of Filing
	CC/1164/2019	Rekha Verma	vs.	Chandigarh Overseas Private Limited & Anr.	11.12.2019
	CC/1163/2019	Meenakshi Verma	Vs.	Chandigarh Overseas Private Limited & Anr.	11.12.2019
	CC/1165/2019	Renu Verma	Vs.	Chandigarh Overseas Private Limited & Anr.	11.12.2019
	CC/1166/2019	Harshit Verma	Vs.	Chandigarh Overseas Private Limited & Anr.	11.12.2019

 

 

2]       The facts are gathered from C.C.No.1164/2019 – Rekha Verma Vs. Chandigarh Overseas Private Limited & Anr.

 

3]       The complainant has filed the present complaint pleading that the OP No.1 came up with a public offer to sell Studio Showrooms in Design Studio under the small investors scheme to be constructed at Industrial Complex/Zone of Industrial Knowledge (Fashion Technology) Park, Sector 90, SAS Nagar, Mohali, Punjab with a construction target to be completed by mid 2009.  It is submitted that on being allured by the fascinating offers/schemes, the complainant applied for a studio showroom vide application dated 7.10.2006 and paid earnest money of Rs.1,25,000/- vide cheque dated 07.10.2006 against receipt dated 8.10.2006 (Ann.C-1).  It is also submitted the OPs accepted the application of the complainant and further amount of Rs.1,25,000/- & Rs.50,000/- as part of the allotment money and part of 1st Installment vide cheques dated 22.12.2006 and 25.10.2007 (Ann.C-2) but did not issue allotment letter to the complainant.  It is stated that the OPs also assured return on said booking and have promised to pay Rs.30,000/- per annum per unit as a rent till handing over the possession of the unit and also offered Buy-Back Offer but nothing was done (Ann.C-3).   It is also stated that from letter dated 22.6.2009 it revealed that the OPs are unable to get the approvals/permissions from government and collected money from innocent people under the garb of a fake project (Ann.C-4).  It is pleaded that the OPs have promised to deliver the possession of the unit by 18.1.2010 but they failed to offer the possession and when complainant contacted the OPs they expressed their inability to complete the project and deliver the possession, whereupon the complainant requested the OPs to refund her amount, but they did not do so.  Therefore, the present complaint has been filed with a prayer to direct the OPs to refund an amount of Rs.3, 00,000/- to her along with interest as well as compensation and litigation cost.

 

4]       After service of notice upon the OPs, the OPs appeared before this Commission and filed written version and while admitting the factual matrix of the case about purchase of unit in question and deposit of alleged amount by the complainant, took preliminary objections inter alia that the complainant is not consumer as defined under the provisions of the Consumer Protection Act as she opted to make the investment in commercial project of the company in her own name as well as in the name of her relatives and other family members; that the complaint is bad for non-joinder of necessary parties and that the complaint is barred by limitation. It is stated that the Buyer’s Agreement was executed between the parties on 25.1.2007 and after making initial payment, she stopped making the payment as per schedule. It is also stated that the OP i.e. Chandigarh Overseas Pvt. Ltd., got the eligibility certificate on 18.01.2005 by the Government of Punjab, Department of Industries and Commerce and the building layout plan was sanctioned by the Chief Town Planner, Govt. of Punjab on 13.04.2006.   It is stated that the delay was caused due to the reason that the project of OP No.1 was under dispute with the work contractors and further the GMADA had raised the demand of Rs.2,87,69,475/- as license fee from the company on account of external development, change of land use etc. It is further submitted that there was no intentional delay on the part of the OPs.  It is pleaded that project of the OPs was stayed by the Hon'ble High Court vide its order dated 14.03.2014 passed in CWP No.4856/2014 and as such the OPs were not in a position to start the construction work. Lastly, it is prayed that there is no deficiency in service or unfair trade practice on their part and the OPs have prayed for dismissal of the complaint. 

5]       Parties led evidence in support of their contention.

6]       We have heard the ld.Counsel for the OPs and have gone through entire documents on record.

7]       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 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 as well as all connected complaints, mentioned above, stands disposed off in above terms with liberty as aforesaid.

8]      The pending application (s), if any, stands disposed off accordingly.

         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

15.11.2023                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER