STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH FIRST APPEAL NO. SC/4/A/155/2024 SHIV KUMAR PRESENT ADDRESS - BYE PASS ROAD, NEAR VETERINARY HOSPITAL, AMLOH, DISTRICT FATEHGARH SAHIB, PUNJAB. ,CHANDIGARH.

.......Appellant(s)

Versus CHANDIGARH OVERSEAS PRIVATE LIMITED, PRESENT ADDRESS - SCO NO.196-197, TOP FLOOR, SECTOR 34-A, CHANDIGARH THROUGH ITS MANAGING DIRECTOR/AUTHORIZED SIGNATORY ,CHANDIGARH.

CHANDIGARH OVERSEAS PRIVATE LIMITED PRESENT ADDRESS - 2ND ADDRESS C/O MONA GREENS, MONA TOWNSHIP PVT. LTD., VIP ROAD, OPPOSITE DOMINOS, ZIRAKPUR, DISTRICT MOHALI. ,CHANDIGARH.

GREEN FIELD SITES MANAGEMENT PVT. LTD PRESENT ADDRESS - H.NO.1074, SECTOR 4, PANCHKULA, THROUGH ITS DIRECTOR SH.SUMESH CHAWLA ,CHANDIGARH.

TEJINDER PAL SETIA & SAGAR SETIA, DIRECTORS, CHANDIGARH OVERSEAS PRIVATE LIMITED PRESENT ADDRESS - H.NO.438, BHERA ENCLAVE, PASCHIM VIHAR, NEW DELHI. ,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT HON'BLE MR. RAJESH KUMAR ARYA , MEMBER FOR THE APPELLANT:

SHIV KUMAR DATED: 27/02/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

Appeal No.	:	155 of 2024
Date of Institution	:	03.04.2024

Date of Decision : 27.02.2025 Shiv Kumar, Bye Pass Road, Near Veterinary Hospital, Amloh, District Fatehgarh Sahib, Punjab.

…..Appellant/complainant V e r s u s

1. Chandigarh Overseas Private Limited, SCO No.196-197, Top Floor, Sector 34-A, Chandigarh through its Managing Director/Authorized Signatory.

2nd Address:- C/o Mona Greens, Mona Township Pvt. Ltd., VIP Road, Opposite Dominos, Zirakpur, District Mohali.

2. Green Field Sites Management Pvt. Ltd., H.No.1074, Sector 4, Panchkula, through its Director Sh.Sumesh Chawla.

3. Mr.Tejinder Pal Setia & Sagar Setia, Directors, Chandigarh Overseas Private Limited, C/o Mona Greens, Mona Township Pvt. Ltd., VIP Road, Opposite Dominos, Zirakpur, District Mohali through its Director Mr.Sagar Setia.

2nd Address:- H.No.438, Bhera Enclave, Paschim Vihar, New Delhi.

….. Respondents/opposite parties BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. PREETINDER SINGH, MEMBER Present:- Sh.Gaurav Bhardwaj, Advocate for the appellant/complainant.

Ms.Niharika Sohal, Advocate for the IRP on behalf of Chandigarh Overseas Private Limited (On VC)

Respondents/opposite parties exparte vide order dated 06.02.2025.

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT The complainant (appellant in this appeal) by way of filing this appeal is seeking to set aside the order dated 24.11.2023 passed by the District Consumer Disputes Redressal Commission-II, U.T., Chandigarh (in short the District Commission), in consumer complaint bearing no.685 of 2018, whereby the said complaint stood disposed of and he was directed to approach Interim Resolution Professional (IRP) as under:-

“…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 Tejender 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. .…”

Factual scenario:-

2. Before the District Commission, it was the case of the complainant that he had booked a residential flat in the project of the opposite parties launched by them under the name and style “Fashion Technology Park”, Sector 90, SAS Nagar, Mohali, Punjab and made payment of Rs.3.75 lacs against its total consideration of Rs.5 lacs. Subsequently, Buyer Developer Agreement & Lease Agreement were executed between the

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