NIPUR CHANDNA, MEMBER

ORDER    

25.08.2023

1. The complainant has filed the present complaint alleging the deficiency in service on the part of the OP.

2. Perusal of the record shows that the complainant had purchased the property in question for a sum of Rs.23,25,000/-. It is submitted by OP counsel that the present complaint is not maintainable before this Commission on the ground of pecuniary jurisdiction. He further submits that the property in question amounts to Rs.23,25,000/- which is beyond the Pecuniary Jurisdiction of District Forum i.e. Rs.20 lacs. In support of his contention he relied upon the judgment of Hon’ble National Commission titled 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.

3. We have heard the argument advance at the bar by both the parties on pecuniary jurisdiction and perused the record.

4. Admittedly, in the present complaint the cost of the flat in question is  Rs. 23,25,000/-, which is 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.

5. 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 same 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 :-    05.02.2010

Date of return of complaint :-25.08.2023

                                  Name of complainant :-SMT. PUSHPA RANI

6. Copy of the order be given Dasti to the parties.File be consigned to record room.

Announced  in open Forum on 25.08.2023.

Sanjay Kumar                       Nipur Chandna                               Rajesh       

President                                     Member                                       Member