Delhi

West Delhi

CC/15/869

KAMAL KISHORE - Complainant(s)

Versus

JINDAL REALTY - Opp.Party(s)

23 May 2017

ORDER

CC-869/15                              D.O.O- 23.05.2017

Present :-   Shri B.P. Singh advocate for complainant.

                   Shri Rajesh Goyal advocate for OP.

             Copy of order dated 23.05.2017 passed by the Hon’ble State Commission in first appeal no.158/17 received. The Hon’ble State Commission vide order dated 23.05.2017 set aside order dated 29.08.2016 passed by this forum dismissing the complaint in default. Therefore, the complaint is restored on its original number.

Rejoinder to the reply of opposite party and evidence by way of affidavit filed by complainant. Copies given.

Learned counsel for complainant argued that total sale price of the Flat is Rs.29,19,000/-(Rs. Twenty Nine Lacs Nineteen Thousands only) as per para no.3 of the complaint and payment schedule. The total sale price of the Flat is Rs.29,19,000/-(Rs. Twenty Nine Lacs Nineteen Thousands only) is admitted by learned counsel for complainant. Therefore, this forum has not 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 Buildwell Pvt.Ltd. and others held that total value of the flat is to be seen for the purpose of pecuniary jurisdiction.

            Therefore, in view of law laid down by the Hon’ble National Commission in Parikshit Parashar’s case (supra) this forum has not pecuniary jurisdiction to decide this complaint.

            Hence, thecomplaint is returned to the complainant for presentation before the competent forum of jurisdiction. File be consigned to record room.

                                   

                        (PUNEET LAMBA)                                                              ( R.S.  BAGRI )

                  MEMBER                                                                        PRESIDENT

                           23.05.2017                                                                      23.05.2017