ORDER Dated: 27-02-2017
Mohd. Anwar Alam, President
- Hon’ble State Commission Delhi vide common order dated 03.01.2017 passed in C-1187/2016, C-1248/2016, C-1249/2016 and C-1250/2016 held that “the complaints are directed to be returned for presentation to District Forum as the value of the plot at the time of booking was Rs. 56,000/- only”.
- In compliance of the above order passed by the Hon’ble State Commission , Delhi this complaint came to this forum for consideration.
- The complainant has filed this complaint on 02-02-2017 in this forum and prayed as under :
(i) To direct the opposite party to execute the sale deed and deliver the immediate possession of the plot with 18% simple interest on account of delayed possession.
(ii) To direct the opposite party to pay compensation of Rs. 75,00,000/- (Apporx.) which is the current fair market price of the plot in lieu of the fact that the complainant have made payment of 100% of the value of the plot long back, on account of damages/ compensation.
(iii) To direct the opposite party to pay the simple interest @ 24% per annum on the total refund amount which is calculated at the current market price of the plot i.e. Rs. 75,00,000/- from the date of filing of this complaint till its realization which forms part of compensation.
(iv) To direct the opposite party to pay a sum of Rs. 5,00,000/- as compensation for financial losses, mental torture, agony, harassment and physical pain.
(v) To Award the cost of the litigation.
- We have heard the arguments on pecuniary jurisdiction of the forum and considered the documents placed on record by the complainants.
- Hon’ble National Commission vide order dated 07.10.2016 passed in C. C. No. 97/2016 with regard to the reference dated 11.08.2016 relating to issue numbers (i) to (iv) decided the pecuniary jurisdiction as under:-
“(i) It is the value of the goods or services, as the case may be and not the value or cost of removing the deficiency in the service which is to be considered for the purpose of determining the pecuniary jurisdiction.
(ii) The interest has to be taken into account for the purpose of determining the pecuniary jurisdiction of a Consumer Forum.
(iii) The consideration paid or agreed to be paid by the consumer at the time of purchasing the goods or hiring or availing of the services, as the case may be, is to be considered, along with the compensation, if any, claimed in the complaint, to determine the pecuniary jurisdiction of a Consumer Forum.
(iv) In a complaint instituted under section 12 (1) (c ) of the consumer protection Act, the pecuniary jurisdiction is to be determined on the basis of aggregate of the value of the goods purchased or the services hired or availed by all the consumers on whose behalf or for whose benefits the complaint is instituted and the total compensation claimed in respect of such consumers.”
6. It is pertinent to mention herein that compensation of Rs. 75,00,000/- on the basis of appreciation value and present market value of the plot purchased in the year 1987 is not exaggerated. As per settled legal position regarding pecuniary jurisdiction by the Hon’ble National Commission and prayer in this complaint exceeds Rs. 20 Lakhs and this forum has no pecuniary jurisdiction to entertain this complaint. Accordingly this complaint is not maintainable in this forum under the provisions of Consumer Protection Act 1986 and dismissed accordingly. Complainant is directed to approach appropriate forum as she thinks fit for redressal of his grievance.
7. As requested copy of complaint be kept for record and rest of documents be returned to the complainant.
8. Copy of the order be made available to the complainant free of cost as per law.
File be consigned to record room.
Announced on………
