The complainant booked a residential apartment with the OP for an agreed consideration of Rs.34,72,200/-.  The grievance of the complainant is that the possession of the flat was not offered to her and rather an Arbitrator was appointed by the OP who was not an independent Arbitrator, being a Director of the OP.  The complainant is therefore, before this Commission seeking refund of the amount paid by her alongwith interest and damages.

          In terms of Section 21 of the Consumer Protection Act, this Commission possesses the requisite pecuniary jurisdiction to entertain the case where the value of the goods or services as the case may be and the compensation if any claimed exceeds Rs. 1 Crore.  The value of the services in such cases would mean the agreed sale consideration as held by a Three-Members Bench of this Commission in Ambrish Kumar  Shukla and Ors. Vs. Ferrous Infrastructure Private Limited dated 07.10.2016.  Though the complainant has claimed interest quantified at Rs.17,85,417/- and damages amounting to Rs.60,00,000/-, the claim is highly exaggerated and fanciful, made only with a view to bring the matter within the pecuniary jurisdiction of this Commission.  In such cases, neither this Commission nor the Hon’ble Supreme Court has awarded compensation in the form of interest at a rate exceeding 18% per annum.  If compensation in the form of interest @ 18% per annum is added to the agreed sale consideration, the aggregate does not come to Rs.1 crore or more.  The complainants have deliberately inflated their claim in order to bring the complaint within the pecuniary jurisdiction of this Commission despite the claims being ex-facie not maintainable. If complaints are considered on the basis of such inflated and highly exaggerated claims, the entire scheme of division of work envisaged in the Consumer Protection Act, which confers pecuniary jurisdiction upon the State Commission where the aggregate of the value of the service and compensation exceeds Rs.20 lakhs but does not exceed Rs.1 crore and upon the District Forum where such aggregate does not exceed Rs.20 lakhs will be set at naught. The complainant is therefore, dismissed with liberty to the complainant to approach the concerned State Commission by way of an appropriate consumer complaint.