Delhi

New Delhi

CC/195/2017

Pradiptha Kumar Sahoo & Anr - Complainant(s)

Versus

DLF Home Developers Ltd - Opp.Party(s)

26 Sep 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/195/2017                                                                       Dated:

In the matter of:

1. Shri Pradiptha Kumar Sahoo

S/o Late Shri Nabaghana Sahoo

R/o A-10/3,

Welcomgroup CGHS,

Plot No 6, Sector 3,

Dwarka , New Delhi 110078

 

2.  Mrs Manasmita Sahoo

W/o Shri Pradiptha Kumar Sahoo

R/o A-10/3,

Welcomgroup CGHS,

Plot No 6, Sector 3,

Dwarka , New Delhi 110078                                                            ……..COMPLAINANT

 

                                                                          

VERSUS

The Director /Authorized Representative

DLF Home Developers Limited,

DLF Centre,

Sansad Marg,

New Delhi 110001

 

 

Also At

I st Floor

DLF Floor, DLF Gateway Tower,

R Block ,DLF City/ Cyber City,

Phase III Gurgoan 122002

Haryana                                                                                  ………. OPPOSITE PARTY

 

MEMBER : NIPUR CHANDNA

ORDER

The present Complaint is filed  by the complainant u/s 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP. Arguments on admission of complaint heard on behalf of the complainant.  We have gone through the complaint as well as Annexure filed with it.

In Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016, Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, the complainant has mentioned in Para 3 of his complaint that the cost of the apartment is Rs. 1,30, 62,446, as the aggregate value of the  alleged Apartment against which reliefs  claimed exceeds more than Rs. 1 crore, this District Forum has no pecuniary jurisdiction to entertain the present complaint.

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,  the complaint be returned to the complainant along with it Annexures. The complaint be returned to complainant with following particulars in the light of the decision 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 .

• Presentation of complaint:-

Before this District Forum on 22.05.2017.

 

• Date of return of complaint
•  

 

• The name of complainant(s)

Sh. Pradiptha kumar Sahoo

s/o late sh. Nabaghana Sahoo

Welcomegroup CGHS, Plot NO. 6, Sector – 3,

Dwarka, New Delhi – 78.

• Brief statement of reasons for returning the complaint.

In Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016, Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, the complainant has mentioned in Para 3 of his complaint that the cost of the apartment is Rs. 1,30, 62,446, as the aggregate value of the  alleged Apartment against which reliefs  claimed exceeds more than Rs. 1 crore, this District Forum has no pecuniary jurisdiction to entertain the present complaint.

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,  the complaint be returned to the complainant along with it Annexures by retaining a copy of the same for records and with liberty to the complainant to file Complaint before competent Forum as per the Law. 

File be consigned to Record room.

Announced on open Forum on _____________

 

          (S K SARVARIA)

                            PRESIDENT

 

            (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                           MEMBER