Whether the Association is allowed to file a complaint on behalf of allottees (of flats and apartment in the project of Imperial Residency Ltd.) for invocation of rights vested with allottees u/s 18 read with 19(4)?

M. Ait Pal Baini (APB), a fomer national playe of hockey, has been a part of the indian national heam for four world cups and many other championships and tournarnents. He led the squad for adecade and made the nation proud with the world cup tille. APS is poptar anongst the bvers of sports for his style of play as an offersive striker at the center-forward position. After announcing relirement from hockey at the professional level, APS came back to th-cly (Chandigarh, Panchkula, and SAS Nagar (Mohali) to seftle down where APS bocked a penthouse in a project of Imperial Residency Ltd. facing Sukhna Lake. In the meantime, he took a house on lease from Mr. Satinder Pal. Alhough the list price of the aparment was 1.15 crores, however, Imperial Residency Lid., has a policy to honor defense staff and national/international sports professionals, by offering hem a price equal to the cost; hence discount was promised to APS. As per the data fumished to the relevant authorities, the cost of an apartment is expected to be 95 lakhs. Altough a local friend of APS cautioned him about the bad reputation of Imperial Residency LAd. for bad delivery or delayed possession. But the family of APS liked the location and sample aparment shown to them and APS also liked the localion and was convinced with the price offered to him; hence, he booked the flat by making a down payment of 10 lakhs as application cum advance money on 31 st August 2018, as per the terms settled with Imperial Residency Lid. and its Standard Operating Procedures (SOPs). Receipt of such down payment of 10 lakhs was duly provided to APS. On 4 h September 2018, a written agreement to sell was entered between APS and Imperlai Residency Ltd., containing the expected date of completion of construction (first week of August 2019) and possession date (1s September 2019) respectively, apart from the time-line for payments of balance cost. The legal obligations and nights of both parties are aiso mentioned therein. Imperial Residency Lid. started the construction in full swing, but after a fow weeks the pace of construction work declined sharply and the timelines of the construction plan were missed out. The expecled date of possession extended to 1 " November 2019 but was not fuillled. in the month of January 2020, an association of allottees (of flats and aparments in the project of Imperial Residency Lid.) was formed to which APS also joined as a member. Association Wote many a times complaints to the management of Imperial Residency Ltd., but neither they nor their complaints were responded to. In March 2020, a complaint was filed with the respective State's RERA Authority by the Association invoking the rights given under section 18 read with section 19 (4) of the Real Estale (Regulation and Development) Act, 2016 (RERA), seeking a refund of the amount paid, abng with simple interest at the rate of 18% p.a. till the date of refund and compensation for mental agony because of failure of Imperial Residency Lid. to give possession of the epartinents and flats, in accordance with the lerms of agreement lor sale. The Authority as per section 37 of the aforementioned Act, directed the Imperial Residency Lid. Io execute the registered agreement for sale in favour of the members of such Association. After such direction (decision) was given by the Authority, APS, being interested in getting the refund of money along with the interest and compensation filed a complaint in an Individual capacity to the respective State RERA Authority. In the month of May 2019, to enjoy summer vacation and to view live matches of ica-hockey at IIHF Work Championship, APS along with his family visited Slovakia from 10m May to 2Cmn May. After returning back to India, APS got engaged in coaching the club activities, which he developed in a form of an academy during the winters of 2018. APS's grandfather migrated to Jalandhar from Sialkot after the great partifion during the fimes of independence. At Sialkot, his grandfather had a shop of sports material that was famous for its hockey sticks. The farmily started the same business at Jalandhar. As the sports of hockey, football and cricket became popular, the business grew mutifold. The father of APS, who studied law as a profession during his college times, brought corporate touch to the business by incorporating a company named 'ALFA Sports Limited (ASL)' which was engaged in the manufacturing of wide products of yarious sports. But due to stiff competition from intemational manufacturers and lack of infrastructure to sports goods manufacturers in the state, ASL became unprofitable and faced a cash crunch. ASL was unable to serve its debt due to which one of its financial creditor moved to NCLT with an application for initlation of Corporate insolvency Resolution Process (CIRP) and suggested the name of CA G. S. Sikka (A qualified insolvency professional), to be appointed as an interim resolution professional on the first day of March 2020. On 12 March 2020, the Adjudicating Authority after ascertaining the existence of defaut accepted the application a well as appointed CA G. S. Sikka as the interim Resolution Professional on the same day. The first meeting of the Committee of Creditors (COC) was held on 28n March 2020 where a simpie majority of financial creditors (with infraction margins), approved the appointment of CA Naveen Sood as Resolution Professional, who is also a qualifled insolvency professional. On 31a August 2019, while placing the payment receipt of the depcsit (which he paid to imperial Residency Lid.) in the cash locker he identifled some of the foreign currency notes lying there in excess of USD 2,000, which remained unspent during his trip to Slovakia in May 2019. He immediately collected all the foreign currency notes and got it surrendered on }s September 2019. On 4n September 2020, the Deputy Director along with the team from the ofice of Enforcoment Directorate with an authority letter in this regard, reached the present resident of APS to arrest Mr. Satinder Pal (Landlord of APS). APS informed the Officials of ED that Mr. Satinder Pal had shifted to Australla and the house is given to them on rent. Ofllce of Enforcement Directorate passed the order of attachment of said residential house, despite the fact that Enforcement Directorate was not having any sound evidence indicating the direct application of proceeds of crime involved in the procurement of said house. But they were under the belief that such a house has been acquired (by Mr. Satinder Pal) as a ressult of criminal activity relatable to the scheduled offence under the Prevention of Money-Laundering Act, 2002 in which Mr. Satinder Pal was involved. They formed this belief based upon the information available to them, from one of the reporting entities under section 12 of the Prevention of Money-Laundering Act, 2002. The house was acquired 12 years ago by Mr. Satinder Pal. Due to experience in the business of sports manufacturing and having a deep understanding of the relevant legal frameworks, the father of APS was appointed as a director of Impax Sports Limited (ISL) which deals in the manufacturing and trading of sports goods through its retail chains across the Nation. For the purpose of diversification, ISL is considering the acquisition of Life-Care Weliness Linited (L.CWL), a chain of fitness clubs and gyms. None of the business functions are common between the two companies, because one is a manufacturing entity whereas the other is a service provider. Both the companies are indian companies with operations, in india only. The proposed entity after acquisition meeis the criteria of 'combination' as specified under section 5 of the Competition Act 2002 Management of ISL is of view that notice to competition commission regarding information o combination is not mandatorily reculred in all the cases. M. Ait Pal Baini (APB), a fomer national playe of hockey, has been a part of the indian national heam for four world cups and many other championships and tournarnents. He led the squad for adecade and made the nation proud with the world cup tille. APS is poptar anongst the bvers of sports for his style of play as an offersive striker at the center-forward position. After announcing relirement from hockey at the professional level, APS came back to th-cly (Chandigarh, Panchkula, and SAS Nagar (Mohali) to seftle down where APS bocked a penthouse in a project of Imperial Residency Ltd. facing Sukhna Lake. In the meantime, he took a house on lease from Mr. Satinder Pal. Alhough the list price of the aparment was 1.15 crores, however, Imperial Residency Lid., has a policy to honor defense staff and national/international sports professionals, by offering hem a price equal to the cost; hence discount was promised to APS. As per the data fumished to the relevant authorities, the cost of an apartment is expected to be 95 lakhs. Altough a local friend of APS cautioned him about the bad reputation of Imperial Residency LAd. for bad delivery or delayed possession. But the family of APS liked the location and sample aparment shown to them and APS also liked the localion and was convinced with the price offered to him; hence, he booked the flat by making a down payment of 10 lakhs as application cum advance money on 31 st August 2018, as per the terms settled with Imperial Residency Lid. and its Standard Operating Procedures (SOPs). Receipt of such down payment of 10 lakhs was duly provided to APS. On 4 h September 2018, a written agreement to sell was entered between APS and Imperlai Residency Ltd., containing the expected date of completion of construction (first week of August 2019) and possession date (1s September 2019) respectively, apart from the time-line for payments of balance cost. The legal obligations and nights of both parties are aiso mentioned therein. Imperial Residency Lid. started the construction in full swing, but after a fow weeks the pace of construction work declined sharply and the timelines of the construction plan were missed out. The expecled date of possession extended to 1 " November 2019 but was not fuillled. in the month of January 2020, an association of allottees (of flats and aparments in the project of Imperial Residency Lid.) was formed to which APS also joined as a member. Association Wote many a times complaints to the management of Imperial Residency Ltd., but neither they nor their complaints were responded to. In March 2020, a complaint was filed with the respective State's RERA Authority by the Association invoking the rights given under section 18 read with section 19 (4) of the Real Estale (Regulation and Development) Act, 2016 (RERA), seeking a refund of the amount paid, abng with simple interest at the rate of 18% p.a. till the date of refund and compensation for mental agony because of failure of Imperial Residency Lid. to give possession of the epartinents and flats, in accordance with the lerms of agreement lor sale. The Authority as per section 37 of the aforementioned Act, directed the Imperial Residency Lid. Io execute the registered agreement for sale in favour of the members of such Association. After such direction (decision) was given by the Authority, APS, being interested in getting the refund of money along with the interest and compensation filed a complaint in an Individual capacity to the respective State RERA Authority. In the month of May 2019, to enjoy summer vacation and to view live matches of ica-hockey at IIHF Work Championship, APS along with his family visited Slovakia from 10m May to 2Cmn May. After returning back to India, APS got engaged in coaching the club activities, which he developed in a form of an academy during the winters of 2018. APS's grandfather migrated to Jalandhar from Sialkot after the great partifion during the fimes of independence. At Sialkot, his grandfather had a shop of sports material that was famous for its hockey sticks. The farmily started the same business at Jalandhar. As the sports of hockey, football and cricket became popular, the business grew mutifold. The father of APS, who studied law as a profession during his college times, brought corporate touch to the business by incorporating a company named 'ALFA Sports Limited (ASL)' which was engaged in the manufacturing of wide products of yarious sports. But due to stiff competition from intemational manufacturers and lack of infrastructure to sports goods manufacturers in the state, ASL became unprofitable and faced a cash crunch. ASL was unable to serve its debt due to which one of its financial creditor moved to NCLT with an application for initlation of Corporate insolvency Resolution Process (CIRP) and suggested the name of CA G. S. Sikka (A qualified insolvency professional), to be appointed as an interim resolution professional on the first day of March 2020. On 12 March 2020, the Adjudicating Authority after ascertaining the existence of defaut accepted the application a well as appointed CA G. S. Sikka as the interim Resolution Professional on the same day. The first meeting of the Committee of Creditors (COC) was held on 28n March 2020 where a simpie majority of financial creditors (with infraction margins), approved the appointment of CA Naveen Sood as Resolution Professional, who is also a qualifled insolvency professional. On 31a August 2019, while placing the payment receipt of the depcsit (which he paid to imperial Residency Lid.) in the cash locker he identifled some of the foreign currency notes lying there in excess of USD 2,000, which remained unspent during his trip to Slovakia in May 2019. He immediately collected all the foreign currency notes and got it surrendered on }s September 2019. On 4n September 2020, the Deputy Director along with the team from the ofice of Enforcoment Directorate with an authority letter in this regard, reached the present resident of APS to arrest Mr. Satinder Pal (Landlord of APS). APS informed the Officials of ED that Mr. Satinder Pal had shifted to Australla and the house is given to them on rent. Ofllce of Enforcement Directorate passed the order of attachment of said residential house, despite the fact that Enforcement Directorate was not having any sound evidence indicating the direct application of proceeds of crime involved in the procurement of said house. But they were under the belief that such a house has been acquired (by Mr. Satinder Pal) as a ressult of criminal activity relatable to the scheduled offence under the Prevention of Money-Laundering Act, 2002 in which Mr. Satinder Pal was involved. They formed this belief based upon the information available to them, from one of the reporting entities under section 12 of the Prevention of Money-Laundering Act, 2002. The house was acquired 12 years ago by Mr. Satinder Pal. Due to experience in the business of sports manufacturing and having a deep understanding of the relevant legal frameworks, the father of APS was appointed as a director of Impax Sports Limited (ISL) which deals in the manufacturing and trading of sports goods through its retail chains across the Nation. For the purpose of diversification, ISL is considering the acquisition of Life-Care Weliness Linited (L.CWL), a chain of fitness clubs and gyms. None of the business functions are common between the two companies, because one is a manufacturing entity whereas the other is a service provider. Both the companies are indian companies with operations, in india only. The proposed entity after acquisition meeis the criteria of 'combination' as specified under section 5 of the Competition Act 2002 Management of ISL is of view that notice to competition commission regarding information o combination is not mandatorily reculred in all the cases