BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.205 of 2015

Date of Instt. 15.05.2015

Date of Decision :19.05.2015

Varun Shahi son of Vijay Shahi R/o Shahi Building, Opp.Punjab National Bank, Kishanpura Branch, Hoshiarpur Road, Jalandhar.

..........Complainant

Versus

1. General Manager M/s Shourya Towers Pvt Ltd, Near Trinity College, Bye Pass, Guru Gobind Singh Avenue, Jalandhar.

2. Managing Director M/s Shourya Towers Pvt Ltd, B-III, Sector-5, Noida-U.P.

3. Managing Director M/s Shourya Towers Pvt Ltd, 78-B, Sector-D-II, DDA Flats, Mayur Vihar Phase-III, Delhi.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: None for the complainant.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under Consumer Protection Act, against the opposite parties claiming relief to the effect that an order to complete construction of flat in all respects and hand over the possession of the flat to the complainant and further gave him a sum of Rs.16,16,80,000/- as rental value of 7 years @ Rs.20,000/- per month and Rs.2 Lac as damages and Rs.50,000/- as litigation expenses may be passed in favour of the complainant. So complainant has, inter-alia, claimed relief of possession of the flat. According to own version of the complainant as pleaded in para 3 of the complaint, the rate was told by the officials of opposite parties as Rs.1600/- sq.ft. and the basic price comes to Rs.25,04,000/-. It is further pleaded that it was also settled that the opposite parties will charge 10% extra from complainant as floor selection changes and he has also agreed to pay Rs.15,650/- as interest free maintenance security and club membership to the tune of Rs.35,000/- and total price comes to Rs.28,05,050/-. So admittedly, the value of the flat is Rs.28,05,050/-. Where possession is claimed then value of the property is to be taken to determine the pecuniary jurisdiction. If value of the flat is taken into consideration then clearly the present complaint is beyond pecuniary jurisdiction of this Forum. Consequently, the complaint is ordered to be returned to the complainant for presentation before Hon'ble State Commission after making necessary endorsement on it. Copy of the order be sent to the complainant free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

19.05.2015 Member Member President