STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Complaint No. : 09 of 2023 Date of Institution : 25.01.2023 Date of Decision : 10.05.2023 Ramesh Kumar S/o Sh.Basti Ram R/o Village Shildoo, P/o Panesh, Shimla, Himachal Pradesh-171011 ….Complainant Versus

1. M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S. Nagar, Mohali, Punjab-140901, through its CEO-cum Director Sh. Bhupendra Singh, and Directors Sh.

Krishan Kumar Agarwal and Shalini Barathi.

2. Bhupendra Singh, CEO-cum-Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S. Nagar, Mohali. Punjab-140901.

3. Kamal Kishore Gupta, Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S.

Nagar, Mohali, Punjab-140901.

4. Shalini Barathi, Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S.

Nagar, Mohali, Punjab-140901.

…..Opposite parties =============================================================

Complaint No. : 10 of 2023 Date of Institution : 25.01.2023 Date of Decision : 10.05.2023 Ravinder Avasthi S/o Late Sh.Roshan Lal Avasthi R/o Roshan Nivas, Dhingu Mandir Road, Sanjauli, Shimla, Himachal Pradesh-171006.

….Complainant Versus

1. M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S. Nagar, Mohali, Punjab-140901, through its CEO-cum Director Sh. Bhupendra Singh, and Directors Sh.

Krishan Kumar Agarwal and Shalini Barathi.

2. Bhupendra Singh, CEO-cum-Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S. Nagar, Mohali. Punjab-140901.

3. Kamal Kishore Gupta, Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S.

Nagar, Mohali, Punjab-140901.

4. Shalini Barathi, Director of M/s Omaxe Chandigarh Extension Developers Private Limited, having its office at India Trade Tower, First Floor, Baddi-Kurali Road, New Chandigarh, Mullanpur, District S.A.S.

Nagar, Mohali, Punjab-140901.

…..Opposite parties =============================================================

BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

MR.RAJESH K. ARYA, MEMBER Present:- Sh.Savinder Singh Gill, Advocate for the complainants.

Sh.Tejeshwar Singh, Advocate for the opposite parties.

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT The aforesaid complaints have been filed by the respective complainants, seeking possession of their units purchased by them alongwith compensation for the period of delay etc., as they are aggrieved of delay and laches; deficiency in providing service, negligence and adoption of unfair trade practice on the part of opposite parties. It has been alleged by the complainants in both the complaints that despite the fact that they have made payment of substantial sale consideration, as referred to in the chart below, yet, the opposite parties have not offered possession of the units for want of development and construction at the project site. Details with regard to the project in dispute; units purchased by the complainants;

payments made by them etc. of these complaints are given below:-