Ms. NIPUR CHANDNA, MEMBER

ORDER        

                                                   14.02.2024

1. The complainant has filed the present complaint alleging the deficiency in service on the part of the OP.
2. During the course of the arguments OP counsel raised the objection that this Commission has no pecuniary jurisdiction to entertain and adjudicate the present complaint as the cost of the flat in question is Rs. 50,31,562/-. OP has strongly challenged the issue of pecuniary jurisdiction, hence, needs to be decided first.
3. We have heard complainant as well as Ld. Counsel for OP Sh. Madan Sagar and have perused the record.
4. Perusal of the record shows that the complainant had purchased the property in question for a sum of Rs. 50,31,562/-. The complainant has prayed for refund of sum of Rs. 7,89,320/- along with interest. He also further prayed for compensation to the tune of Rs. 5,00,000/-.
5. Admittedly, in the present complaint the cost of the flat in question is  Rs. 50,31,562/- and the complainant has prayed for refund of the sum of Rs. 7,89,320/- along with interest and compensation which goes beyond the Pecuniary Jurisdiction of District Forum i.e. Rs. 20 lacs. In the light of  Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016 reported as Manu/CF/0499/16.
6. The cost of the flat/plot and relief claimed exceeds the Pecuniary Jurisdiction of this Forum.  Accordingly, the complaint be returned to the complainant along with annexures/ documents by retaining a copy of the same for records with liberty to file the complaint before the competent Forum as per the Law. The particulars in the light of the judgement of Hon’ble NCDRC in the matter of Tushar Batra & Anr. Vs. M/S Unitech Limited decided on 26/04/2017, Case no.-299 of 2014 are as follows.

Date of presentation of complaint :-    07.04.2015

Date of return of complaint :-14.02.2024

                 Name of complainant :-Mr. Sachin Anand

7. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced  in open Forum on 14.02.2024.

Sanjay Kumar                       Nipur Chandna                               Rajesh       

President                                     Member                                       Member