Delhi

West Delhi

CC/17/230

TINKLE BELLS - Complainant(s)

Versus

IREO GRACE REALTECH PVT. LTD. & ANR. - Opp.Party(s)

30 Jan 2018

ORDER

DISTRICT CONSUMER REDRESSAL FORUM-III (WEST)
C-BLOCK, COMMUNITY CENTRE,PANKHA ROAD, JANAK PURI, NEW DELHI
 
Complaint Case No. CC/17/230
 
1. TINKLE BELLS
C-93/A,KALKAJI,DELHI-19
...........Complainant(s)
Versus
1. IREO GRACE REALTECH PVT. LTD. & ANR.
304,KANCHAN HOUSE,COMMERCIAL COMPLEX,KARAMPURA,DELHI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. PUNEET LAMBHA PRESIDING MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Jan 2018
Final Order / Judgement

Present :-   Shri Kashif Khan counsel for complainant.

                   Ms. Manmilan Sidhu advocate for OP.

           Reply filed by the opposite party. Copy Given. Learned counsel for the opposite party pointed out that as per para no.6 of the application and page no.85 payment plan in the reply total sale price of the flat is Rs.1,46,05,050.34/-(Rupees One Crore Forty Six Lakh Five Thousand Fifty and Paise Thirty Four only). Therefore, this Forum has no pecuniary jurisdiction to entertain and try the complaint.                 

         Hon’ble National Commission in order dated 07.10.2016 passed in appeal no.644/2015 titled Parikshit Parashar V/S M/S Universal Build well Pvt. Ltd. and others held that for the purpose of pecuniary jurisdiction total sale price of the flat is to be seen.

                        Admittedly total sale price of the flat in dispute is Rs. 1,46,05,050.34/-(Rupees one crore forty six lakh five thousand fifty and paise thirty four only). Therefore, in view of law laid down by the Hon’ble National Commission in Parikshit Parashar’s case (supra) this Forum has no pecuniary jurisdiction to decide this complaint. The Hon’ble National Commission has jurisdiction to entertain and try the complaint.

                        Therefore, complaint be returned to the complainant for presentation before the Hon’ble National Commission on 07.03.2018. The parties are directed to appear before the Hon’ble National Commission on 07.03.2018.

 
 
[HON'BLE MRS. PUNEET LAMBHA]
PRESIDING MEMBER

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