Order no. 21       dt. 27/08/12

Today is fixed for order in view of ptn dated 23/05/11 filed op challenging the maintainability of the instant case. We have gone through the maintainability ptn dt. 23/05/11 as well w/o filed by dt. 11/07/11.

Op has stated that this Forum has got no pecuniary jurisdiciotn since the consideration money of the flat in question is Rs. 60,42,790/- as per para 3 of the petition of complaint. We have also gone through the w/o filed by the complainant and complainant submitted that maintainability ptn has got no merit and is liable to rejection. Ld. lawyer for op referred to decision of the Ho’ble National Commission vide recisional no. 2679 of 2011 and 2680 of 2011 and also a decision publixhed in II (2012, CPJ 18 (NIC) and also 1996 (2) C.P.R. 26 and while arriving at a decision we have relied upon the decissions of the Hon’ble National Commission we find and hold that the consideration of the flat in question has been shown Rs. 60,42,790/- plus compensation prayed for is Rs. 50,000/- and the total amount exceeds pecuniary jurisdicion of this Forum i.e. Rs. 20,00,000/-. So in view of the above findings we find and hold that the instant case is not maintainable for want of pecuniary jurisdiction.

Hence, ordered

That complaint case no. 202/10 stands disposed of on contest for want of pecuniary jurisdiction and complainant is at liberty to file the instant case on the self same cause of action before the appropriate Forum.

Let a free copy of this order be supplied to the parties u/s 21 (1) Consumer Protection Regulation.