Today is fixed for hearing the main        trainability petition filed by the op alleging that the present complaint is not maintainable in view of the fact that complainant purchased the property at a valuation of Rs.28,00,000/- and above and complainant has admitted in his complaint that he paid Rs.23,92,820/-and or and complainant has admitted in his complaint that the deed has already been executed by the op in respect of the property and now he has appeared before this Forum for not granting compensation in respect of delivery of possession of the property not according to terms and conditions of the policy.

          But truth is that just after execution of the deed of sale within 2 days the possession was delivered.  But in the present case complainant has claimed that possession ought to have been delivered on or before 30.09.2011.  But as perterms and contract op/developer failed to give possession for which complainant as per agreement is entitled to monthly interest @ 15% per month w.e.f. 01.10.2011 till delivery of possession.  But ultimately got possession on 24.03.2013 on final payment just prior to that the deed of sale was executed.  But it is the allegation of the op that there is a clause in the agreement arbitration clause and as per provision of Arbitration Act this Court/Forum has no jurisdiction but the matter should be referred to Arbitrator for disposal and op already appointed one Arbitrator for disposal.  Whereas the complainant submitted that as per clause the discussion must be made in between the complainant and the op that discussion was not made.  But after filing of this case this plea was taken and practically Arbitrator has no legal authority to decide the service and negligence on the part of the op and it is completely to be decided by a Forum and complainant appeared before this Forum for relief for not rendering proper service and for negligent manner of service practically complainant appeared for compensation.

          At this stage after hearing the Ld. Lawyers of both the parties and also considering the valuation of the property it is found that complainant has purchased the property from the op at a cost of Rs.23,92,820/- and some other charges i.e. total Rs.28,00,000/-and when the valuation of the property is more than Rs.20,00,000/- whatever may be the relief claimed by the complainant against such transaction then we find that the case should not be heard by this Forum because this Forum’s jurisdiction is limited up to only Rs.20,00,000/-.

          But anyhow the valuation of the property is more that Rs.20,00,000/- for which this Forum has no jurisdiction.  Considering that fact without deciding the Arbitration clause we are of opinion that the present complaint should be filed before the State Commission who has their jurisdiction to decide such complaint.  So, at this stage on the ground of jurisdiction we are rejecting the complaint and by directing the complainant to file the same before the proper Forum.   

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on the ground that this Forum has no jurisdiction to decide such complaint when the valuation of the property is more than Rs.20,00,000/-.  Complainant to get back all the documents and may file it before proper Forum.