20........10.12.2021

The  Ld. Advocate for the OP / Complainant is present.  Today is fixed for passing necessary order in respect of M.A> No.49/2019.  The gist of the M.A. is as follows :

That the OP / Complainant filed the case against the Ptr / OP praying for completion of unfinished work and compensation of Rs.8,43,000/-.  That the OP / Complainant received three flats valued about aRs.50,00,000/- in terms of agreement.  That the valuation of the property as stated in the complainant is less than the actual valuation of the property for which the case is not maintainable.  

The OP/Complainant filed W.O. contending that the M.A. is not maintainable.  That the OP/Complainant quantified the amount of compensation due to non fulfilment of development agreement as well as harassment suffered by the OP /Complainant.  That the Ptr/OP has deficiency in service and the OP / Complainant is a consumer.

We have perused the M.A. and its W.O.  We have considered the submission of both sides.

The Ptr./OP has challenged the point of maintainability on the plea that this Commission has no pecuniary jurisdiction to entertain the complaint as the valuation of the property / share received by the OP/Complainant is beyond the pecuniary limit of this commission.

The OP / complainant has denied the allegations and asserted that the valuation as stated in the complaint is correct and it is within pecuniary limit of this commission.

On a careful consideration over the matter, we are of the view  that the point of maintainability may be kept open and it may be decided at the time of final hearing after considering the evidence and other materials to be available on record.

The M.A. is thus disposed of on contest but without cost.

The OPs filed W.V. on 23.12.2019.

To 18.01.2022 for filing evidence on affidavit by the Complainant.