Chandigarh

StateCommission

A/92/2020

Lt. Col Jasbir Singh (Retd) - Complainant(s)

Versus

Shalimar Estates Pvt. Ltd. - Opp.Party(s)

In Person

16 Feb 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Appeal No.	:	178 of 2019
Date of Institution	:	19.08.2019
Date of Decision	:	16.02.2021

Gurmail Singh son of Sh.Suraj Singh resident of Village Tira, Tehsil Majri, District Mohali (SAS Nagar)

                                      ...  Appellant/Complainant

Versus

1. Shalimar Estates (P) Ltd.,  Admn. Office: SCO 110-111, Sector 8-C, Chandigarh through its General Manager/Managing Director/Authorized Signatory presently at House No.1084, Sector 8-C, Chandigarh

2nd  Address: C/o Shalimar Mall, Sector 5, Panchkula.

2. R.K. Aggarwal, Managing Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh
3. Kamlesh Aggarwal, Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh
4. Innate Aggarwal son of Sh.R.K.Aggarwal, Manager, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh. 

…. Respondents/Opposite Parties

Present through Video Conferencing:-    

                             Sh.Munish Gupta and Sh.Manpreet Singh Longia, Advocates for the appellant.

                             Sh.Arun Kumar, Advocate for the respondents.

 

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Appeal No.	:	196 of 2019
Date of Institution	:	04.09.2019
Date of Decision	:	16.02.2021

Prem Chand Garg son of Sh.Babu Ram Garg C/o M/s Babu Ram Prem Chand, B-5, Anaj Mandi, Pehowa, District Kurukshetra (Haryana).

                                ...  Complainant.

Versus

1. Shalimar Estates (P) Ltd., Admn. Office: SCO 110-111, Sector 8-C, Chandigarh through its General Manager/Managing Director/Authorized Signatory presently at House No.1084, Sector 8-C, Chandigarh

2nd  Address: C/o Shalimar Mall, Sector 5, Panchkula.

2. R.K. Aggarwal, Managing Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh
3. Kamlesh Aggarwal, Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh

 …. Opposite Parties

Present through Video Conferencing:-    

                             Sh.Munish Gupta, Advocate for the appellant.

                             Sh.Arun Kumar, Advocate for the respondents.

 

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Appeal No.	:	229 of 2019
Date of Institution	:	09.10.2019
Date of Decision	:	16.02.2021

Malvinder Ahuja d/o Sh.Chaman Singh C/o Department of Education, Panjab University, Chandigarh now residing at B-57, Meenakshi Puram, Mawana Road, Meerut.

                                      ...  Appellant/Complainant.

Versus

1. Shalimar Estates (P) Ltd.,  Admn. Office: SCO 110-111, Sector 8-C, Chandigarh through its General Manager/Managing Director/Authorized Signatory presently at House No.1084, Sector 8-C, Chandigarh

2nd  Address: C/o Shalimar Mall, Sector 5, Panchkula.

2. R.K. Aggarwal, Managing Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh
3. Kamlesh Aggarwal, Director, Shalimar Estates (P) Ltd., resident of House No.1084, Sector 8-C, Chandigarh
4. Innate Aggarwal son of Sh.R.K.Aggarwal, Manager, Shalimar Estates (P) Ltd., r/o House No.1084, Sector 8-C, Chandigarh (Deleted vide order dated 04.12.2019).

…. Respondents/ Opposite Parties

Present through Video Conferencing:-    

                             Sh.Munish Gupta, Advocate for the appellant.

                             Sh.Arun Kumar, Advocate for the respondent no.1 to 3.

                             Respondent no.4 deleted vide order dated 04.12.2019.

 

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Appeal No.	:	92 of 2020
Date of Institution	:	30.06.2020
Date of Decision	:	16.02.2021

Lt. Col. Jasbir Singh [Retd.] son of Sh.Tara Singh, aged 59 years, Resident of House No.359, Sector 2, Panchkula (HR) Email:jsbath07@gmail.com and Mobile Phone.08968877844.

…. Appellant/Complainant

Versus

1. Shalimar Estates Pvt. Ltd., having its registered office at SCO 110-111, Sector 8-C, Chandigarh-160009 through its General Manager/Managing Director/Authorized Signatory, now presently residing at House No.1084, Sector 8-C, Chandigarh.
2. Mr.R.K.Agarwal, Managing Director, Shalimar Estates Pvt. Ltd., Resident of House No.1084, Sector 8-C, Chandigarh-160009.
3. Mrs.Kamlesh Agarwal, Managing Director, Shalimar Estates Pvt. Ltd., Resident of House No.1084, Sector 8-C, Chandigarh-160009.

…… Respondents/Opposite Parties

Present through Video Conferencing:-    

                             Lt. Col. Jasbir Singh (Retd.) appellant in person.

                             Sh.Arun Kumar, Advocate for the respondents.

 

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Appeal No.	:	104 of 2020
Date of Institution	:	15.07.2020
Date of Decision	:	16.02.2021

1. Shalimar Estates Pvt. Ltd., having its registered office at SCO 110-111, Sector 8-C, Chandigarh, at present House No. 1084, Sector 8-C, Chandigarh, through its Managing Director.
2. R.K.Aggarwal, Managing Director, Shalimar Estates Pvt. Ltd., Registered Office SCO No.110-111, Sector 8-C, Chandigarh, at present House No. 1084, Sector 8-C, Chandigarh.
3. Kamlesh Aggarwal, Managing Director, Shalimar Estates Pvt. Ltd., Registered Office SCO No.110-111, Sector 8-C, Chandigarh, at present House No. 1084, Sector 8-C, Chandigarh.

….Appellants/Opposite parties

Versus

Lt. Col. Jasbir Singh [Retd.] son of Sh. Tara Singh, Resident of House No. 359, Sector 2, Panchkula. 

…… Respondent/Complainant

Present through Video Conferencing:-    

                             Sh. Arun Kumar, Advocate for the appellants.

                             Lt. Col. Jasbir Singh (Retd.) respondent in person.

 

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BEFORE:             JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                             MRS. PADMA PANDEY, MEMBER

                             MR. RAJESH K. ARYA, MEMBER

 

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT          

                   By this order, we propose to adjudicate these appeals filed by the appellants/complainants for enhancement of compensation awarded by the District Commissions-I and II, U.T., Chandigarh (in short the District Commissions), while allowing the consumer complaints details of which are given below:-

CC No.	Decided on	Decided By	Appeal No.
267 of 2018	04.07.2019	District Commission-II	196 of 2019
268 of 2018	04.07.2019	District Commission-II	178 of 2019
290 of 2018	04.07.2019	District Commission-II	229 of 2019
902 of 2019	08.06.2020	District Commission-I	92 of 2020

However, cross appeal bearing no.104 of 2020 has also been filed by Shalimar Estates Pvt. Ltd.  for setting aside order dated 08.06.2020 passed by District Commission–I, U.T., Chandigarh, in consumer complaint bearing no.902 of 2019.

2.           Since, the issues involved in the above-said cases, except minor variations, here and there, of law and facts are the same, as such, we are of the considered opinion that these appeals can be adjudicated by passing a consolidated order.
3.           Before the District Commissions I and II, U.T., Chandigarh, it was the case of the appellants/complainants that the respondents-opposite parties i.e. Shalimar Estates (P) Ltd. and anr., failed to deliver possession of their respective plots/units purchased by them in the project named ‘Shalimar Estates’, Naggal-Alipur, Hadbast No.237 & 238, Tehsil and District Panchkula, Haryana, for want of development work and basic amenities and also on account of the pendency of some litigation between the Company and the HUDA in the Hon'ble High Court at Chandigarh. It was pleaded before the District Commissions that despite the fact that the said litigation had been decided in favour of the Company, yet, it failed to deliver legal possession of the respective plots and execute sale deeds. 
4.           In the replies filed before the District Commissions, it was pleaded by the respondent-Company- Shalimar Estates (P) Ltd., that the State of Haryana wrongly launched the proceedings against it for developing the project in question. The said proceedings were challenged by the respondents before the Hon’ble Punjab and Haryana High Court in CWP No.2437 of 2003, which was admitted and stay was granted in the matter.  Thereafter, the respondent-Company  issued public notice dated 17.1.2007 in “The Tribune” wherein, it was brought to the notice of the customers to get back their deposited amount, in case they were not interested to wait for the decision of the Hon’ble High Court in Punjab and Haryana, as the matter was sub-judice but the appellants/complainants did not come forward for the same. It was stated that the said writ petition was allowed in favour of the respondent-Company on 05.10.2016 and the orders passed by the Town and Country Planning Department and Tribunal were set aside by the Hon'ble High Court. Thereafter, the State of Haryana filed SLP No.23096 of 2017 before the Hon’ble Supreme Court of India challenging the order dated 05.10.2016 passed by the Hon'ble High Court, which is pending adjudication.  Under these circumstances, the respondents/opposite parties were not in a position to deliver possession of plots within the committed period.
5.           The parties led evidence, in support of their cases, before the respective District Commissions.
6.           The District Commissions after hearing the contesting parties had passed the impugned orders, allowing the consumer complaints  
7.           We have heard the contesting parties and gone through the material available on the record, very carefully.
8.           It is not in dispute that the appellants/complainants had purchased plots in the project named Shalimar Estates, Naggal-Alipur, Hadbast No.237 & 238, Tehsil and District Panchkula, Haryana, yet, possession thereof was not delivered to them as development works and basic amenities could not be completed because of the pending litigation aforesaid. However, it is coming out from the record that vide notice dated 08.08.2002 having been issued by the District Town and Country Planning, Department, (DTCP), Haryana, the respondent-Company (Shalimar Estates Pvt. Ltd.), was informed that since there has been an unauthorized construction at the project site, as such, the same be brought into its original condition within 7 days, failing which it was made clear that demolition orders will be passed in the matter. The said notice dated 08.08.2002 was challenged by the respondent-Shalimar Estates Pvt. Ltd., before the Tribunal Chandigarh, by way of filing first appeal no.493 of 2002, which was dismissed vide order dated 28.01.2003 and the order dated 08.08.2002 passed by the DTCP was upheld. Feeling aggrieved against the order dated 28.01.2003, the respondent-Shalimar Estates Pvt. Ltd.,  filed CWP No.2437 of 2003 (Shalimar Estates Pvt. Ltd. Vs. The State of Haryana and Ors.) before the Hon’ble Punjab and Haryana High Court, which was ultimately decided in its favour vide order dated 05.10.2016 and the orders passed by the District Town and Country Planning Department and Tribunal were set aside by the Hon'ble High Court. However, thereafter, the State of Haryana filed the SLP No.23096 of 2017 before the Hon’ble Supreme Court of India challenging the order dated 05.10.2016 aforesaid, which is pending adjudication.  
9.           It is significant to mention here that during pendency of these appeals, the respondent-Shalimar Estates Pvt. Ltd., has placed on record copy of order dated 03.12.2019 passed by the Hon’ble Supreme Court of India in SLP No.23096 of 2017, wherefrom it is evident that since the Senior counsel appearing for the State had submitted that the Final Development Plan 2021 has come into existence and the same is applicable to the area in dispute, as such, the Hon’ble Supreme Court has ordered to maintain status quo with respect to the suit property i.e. the project in question (Shalimar Estates, Naggal-Alipur, Hadbast No.237 & 238, Tehsil and District Panchkula, Haryana). Relevant part of the order dated 03.12.2019 is reproduced hereunder:-

“Mr. Gurinder Singh Gill, learned senior counsel appearing for the State submits that the Final Development Plan 2021 has come into existence and the same is applicable to the area in question.

 2 The property in question needs to be acquired for formation of a National Highway as well as the interior road. He wants to submit a copy of the Final Development Plan 2021 along with the application.

Status quo, as on today, shall be maintained with respect to the suit property.

However, this order will not come in the way of the Land Acquisition Officer/Competent authority to acquire the land, if he so chooses in accordance with law. List the matter after three weeks.”

10.           In this view of the matter, we are of the considered view that since the Hon’ble Supreme Court has ordered to maintain status quo with respect to the project in question, as such, no order can be passed in these appeals till final outcome of SLP No.23096 of 2017 and the matter needs to be adjourned sine-die.
11.           For the reasons record above, it is ordered that these appeals are adjourned sine-die, which shall be restored on final outcome of SLP No.23096 of 2017.  The respondent- Shalimar Estates (P) Ltd. and also its Counsel Sh.Arun Kumar, Advocate are directed to inform this Commission, about the final out of SLP No.23096 of 2017 or order passed by the Hon’ble Supreme Court of India regarding vacation of status quo, if any, in respect of the project in question.
12.           Certified copies of this order be sent to the parties, free of charge and one copy thereof be placed in all the connected appeal files.
13.           The files be consigned to Record Room, after completion.

Pronounced

16.02.2021

 

Sd/-

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

Sd/-

(PADMA PANDEY)

          MEMBER

 

Sd/-

 

 (RAJESH K. ARYA)

MEMBER

Rg