Delhi

StateCommission

CC/1644/2017

SH. AJAY MIRZA & ANR. - Complainant(s)

Versus

M/S BPTP LTD. & ANR. - Opp.Party(s)

H.L. DASI

25 Oct 2017

ORDER

IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL, COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :  25.10.2017

Date of Decision :  02.11.2017

 

Complaint No. 1644/2017

 

 

IN THE MATTER OF:

 

1. Sh. Ajay Mirza,

S/o T.K. Mirza,

R/o H.No.242-C, SFS,

Sheikh Sarai, Phase-1,

Malviya Nagar,

New Delhi-110017.

 

At present:

 

4812, Townes Road MN 55424 Edina USA.

 

Through its attorney holder:

 

Sh. R.L. Peer,

C/o Peer & Co. R-8,

Ground Floor, South Extension, Part-II,

New Delhi-110049.

 

2. Smt. Shanta Mirza,

W/o Sh. T.K. Mirza,

R/o H.No.242-C, SFS,

Sheikh Sarai, Phase-1,

Malviya Nagar,

New Delhi-110017.                                                  ........Complainants

 

VERSUS

 

1. M/s. BPTP Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

2. M/s. Countrywide Promoters Pvt.Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

 

3. M/s. Precision Infrastructure Pvt.Ltd.

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

4. M/s. Durzba Overseas Pvt.Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

5. M/s. Visual Builders Pvt.Ltd.,

I-202, 2^nd Floor, Parsvnath Gardenia,

Sector-61, Noida, UP.

 

6. Branch Manager,

HDFC Bank Limited,

O/of Palme Marg,

Munirka, New Delhi-110067.                                             …….…Opp. Parties

 

Complaint No. 1645/2017

 

 

IN THE MATTER OF:

 

1. Sh. Ajay Mirza,

S/o T.K. Mirza,

R/o H.No.242-C, SFS,

Sheikh Sarai, Phase-1,

Malviya Nagar,

New Delhi-110017.

 

At present:

 

4812, Townes Road MN 55424 Edina USA.

 

Through its attorney holder:

 

Sh. R.L. Peer,

C/o Peer & Co. R-8,

Ground Floor, South Extension, Part-II,

New Delhi-110049.

 

2. Smt. Shanta Mirza,

W/o Sh. T.K. Mirza,

R/o H.No.242-C, SFS,

Sheikh Sarai, Phase-1,

Malviya Nagar,

New Delhi-110017.                                                  ........Complainants

 

 

 

VERSUS

 

1. M/s. BPTP Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

2. M/s. Countrywide Promoters Pvt.Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

 

3. M/s. Precision Infrastructure Pvt.Ltd.

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

4. M/s. Durzba Overseas Pvt.Ltd.,

M-11, Middle Circle,

Cannaught Circus,

New Delhi.

 

5. M/s. Visual Builders Pvt.Ltd.,

I-202, 2^nd Floor, Parsvnath Gardenia,

Sector-61, Noida, UP.

 

6. Branch Manager,

HDFC Bank Limited,

O/of Palme Marg,

Munirka, New Delhi-110067.                                             …….…Opp. Parties

 

CORAM

 

SH. O. P. GUPTA, MEMBER (JUDICIAL)

SH. ANIL SRIVASTAVA, MEMBER

 

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

2.      To be referred to the reporter or not?                                                                                                        Yes/No

 

Present  :   Sh. Dinesh Kumar, Counsel for the Complainant.

 

PER   :           SH. ANIL SRIVASTAVA, MEMBER

            Both the complaints, having identical facts are being disposed of by a common order taking Complaint No.1644/17 as the lead case.

 

            Short question for adjudication in these two complaints are whether this Commission is competent to issue any direction regarding refund of the amount as prayed for since on the face of it the State Commission does not seem to enjoy the pecuniary jurisdiction  to hear and dispose of the case.  Sh. Ajay Mirza and Smt. Shanta Mirza, resident of Delhi for short ‘complainants’ have filed this complaint against M/s. BPTP Ltd. & Ors. hereinafter referred to as OP praying for relief as under:-

            It is therefore most respectfully prayed that this Hon’ble Commission may be pleased to pass an award in favour of the complainants and against the respondents for a sum of Rs.91,50,439.60 alongwith 18% interest per annum from the date of payment made by the complainants on account of damages and deficiency in services on the part of respondents.

            Any other order / direction which this Hon’ble Commission deems fit and proper be also passed in favour of the complainants and against the respondents.

            The plea of the complainants is that on the assurance of the OP they had booked one flat with OP in their project at Sector-37-D, Village Basai, Tehsil and District  Gurgaon, Haryana measuring approx area 1998 sq.ft. by paying token amount of Rs.6,98,314.60 to the OP-1 on 12.10.2012.  Proper receipt was also issued.  As a consequence thereof the complainant was allotted a Unit No.T-23-1903, 19^th Floor, Tower-23 Terra, Sector-37-D, Gurgaon, Haryana.  The Flat Buyer Agreement  was executed in this behalf on 29.03.2013.  As per terms of the agreement, the completion of the project and handing over the possession of the flat was to be done within 42 months counting from 29.03.2013 with grace period of six months which means the possession of the flat was to be handed over in any case within 48 months which means on or before 29.03.2017.  The loan was also taken by the complainant from the OP-6, HDFC Bank.

            The allegations of the complainant is that despite the grace period having elapsed there appears to be no progress in the matter of handing over the possession of the flat and therefore he approached the OP for refund of the amount deposited by him but his request was not acceded to and therefore this complaint has been filed before us.

            This matter was listed before us for admission hearing on 25.10.2017 when Ld. Counsel for the complainant advanced his arguments for admission of the matter.  We have perused the record of the case.

            In the first instance, we note that this Commission does not enjoy the pecuniary jurisdiction to hear this case as the basic sale price of the flat is Rs.10,489,500.00. Section 17(1) (a) of the Consumer Protection Act posits as under:-

Section 17(1)(a) in the Consumer Protection Act, 1986

(a) to entertain—

(i) complaints where the value of the goods or services and compensation, if any, claimed 2[exceeds rupees twenty lakhs but does not exceed rupees one crore]; and

(ii) appeals against the orders of any District Forum within the State; and

 

            Having regard to the provision of the Act,  the sale price of the flat being more than one crore, we order return of the complaint for filing in proper Forum as this Commission lacks the pecuniary jurisdiction.

            Ordered accordingly.

            Liberty is granted to the complainant for filing the complaint before the appropriate Fora enjoying the pecuniary jurisdiction.

            On these lines the Complaint No.1645/2017 is also ordered to be returned for want of pecuniary jurisdiction.

            Registrar of this Commission is requested to place on record the attested copy of this order in Complaint No.1645/17 for record.

            Copy of the order be sent to the parties free of cost as statutory required.

            Both files be consigned to Record Room.

 

(ANIL SRIVASTAVA)                                           (O.P. GUPTA)                      

MEMBER                                                                 MEMBER (JUDICIAL)