NCDRC

NCDRC

FA/685/2023

OMAXE INDIA TRADE CENTRE LIMITED - Complainant(s)

Versus

DR SANDEEP GUPTA & ANR. - Opp.Party(s)

MR. TARUN SHARMA,

13 Jul 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 685 OF 2023
(Against the Order dated 01/06/2023 in Complaint No. 123/2022 of the State Commission Uttar Pradesh)
1. OMAXE INDIA TRADE CENTRE LIMITED
HAVING ITS REGISTERED OFFICE AT:10, LOCAL SHOPPING CENTRE, KALKAJI, NEW DELHI 110019.
...........Appellant(s)
Versus 
1. DR SANDEEP GUPTA & ANR.
SON OF SHRI NAND KISHORE GUPTA; R/O OF: B-5, H-ROAD, MAHANAGAR EXTENSION, LUCKNOW, UTTAR PRADESH 226006.
2. DR GARIMA GUPTA,
WIFE OF DR. SANDEEP GUPTA; B-5, H ROAD MAHANAGAR EXTENSION, LUCKNOW, UTTAR PRADESH 226006.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER

FOR THE APPELLANT :
MR. TARUN SHARMA ADVOCATE WITH
MR. ABID ALI, ADVOCATE AND
MR. MANEK SHARMA, ADVOCATE ALONG WITH
A.R. IN PERSON

Dated : 13 July 2023
ORDER

Heard counsel for the petitioner and examined the record.  A perusal of the complaint shows that the value of the goods set up in it was Rs.2731316/- out of which Rs.2684700/- has been paid by the complainant.  Counsel for the appellant submits that in view of Section-47 of the Consumer Protection Act, 2019, the pecuniary jurisdiction has to be determined on the basis of the value of the goods or services as paid.  Under the Consumer Protection jurisdiction of District Forum, the State Commission and the National Commission Rules 21, pecuniary limit of the State Commission is above Rs.50 lacs and below Rs.2 Crores.  Since the matter is not falling within the pecuniary jurisdiction of the State Commission, therefore, adjudication by the State Commission is not required.  The petitioner is permitted to appear before the State Commission along with the certified copy of this order on the next date of hearing who shall decide the preliminary objection relating to pecuniary jurisdiction of the State Commission in accordance with law.  Revision Petition is disposed of.  

 
..................................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER

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