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1 - 6 of 6 (0.22 seconds)The Right to Information Act, 2005
Subrata Bhattacharya vs Securities And Exchange Board Of India on 9 November, 2016
In
case, the amount is required to be paid by OP no.3 due to its control
over the project, then in that eventuality, the recovery shall be
effected by complainants through the instrumentality of SEBI
Committee constituted by Hon'ble Supreme Court in Civil Appeal
Consumer Complaint No.211 of 2016 10
no.13301 of 2015 titled as "Subrata Bhattacharya Vs. Securities
& Exchange Board of India". Top Court has passed the order that
where PACL Limited is concerned in any dispute or before any court,
SEBI shall constitute a Committee for disposing of the land
purchased by above company, so that the sale proceeds can be paid
to investors, who have invested their funds in the company for
purchase of the land. Hon'ble Mr. Justice R.M. Lodha, the former
Chief Justice of India, has been designated as Chairman of the said
Committee by the Apex Court. The said committee has been
authorized by Apex Court to collect relevant record including the title
itself and so on and a Nodal Officer shall be appointed, who shall be
the Incharge of funds collected and shall have a liaison with the
Committee and shall also work as a Secretary of the said
Committee. The Apex Court has ordered not to part with or share
record and to approach the Committee etc., wherein PACL Ltd has a
right or interest in order to repay customers/investors of PACL
Limited. Herein this case, PACL Limited is also a party to buyers
agreement and as such the intervention of the above Hon'ble
Committee is an indispensable and mandatory in this case for
recovery of refund amounts, as per direction of the Hon'ble Supreme
Court.
The Consumer Protection Act, 1986
Consumer Protection Act, 2019
Karan Mittal vs Pearls Infrastructure Projects Ltd. on 30 November, 2017
2008(4)CPR-325. The counsel for the complainants also relied upon
judgment of this Commission passed in consumer complaint no.177
of 2016, decided on 30.11.2017 titled as "Karan Mittal & another
Vs. Pearls Infrastructure Project Ltd. & another" in this regard.
The Apex Court has constituted a committee, which has taken over
the control of OP no.3. The OPs held out numerous facilities to the
customers to allure them to purchase the plots, but they have not
been provided in this case, as per evidence of the complainants on
the file. The OPs failed to rebut the evidence of the complainants on
the record. The year 2018 has started running, but there is no
completion certificate with OPs of this project even at present, as
mandated by Section 14 of PAPRA Act. So in the circumstances of
the case, the complaint of the complainants succeeds for refund of
the entire deposited amounts with 12% interest from the date of
deposit till actual payment from OPs.
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