Haryana

Panchkula

CC/284/2016

MUKESH KUMAR &ANR - Complainant(s)

Versus

M/S DLF HOMES PVT.LTD - Opp.Party(s)

PARMOD BHARDWAJ

02 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                                                  

Consumer Complaint No	:	284 of 2016
Date of Institution	:	17.10.2016
Date of Decision	:	02.11.2016

 

1.       Mukesh Kumar aged 26 years Son of Sh.Ram Phal Singh;

2.       Ms.Sujeeta Devi, aged 31 years, daughter of Sh.Ramphal Singh;

Both R/o H.No.359, Amrawati Enclave, Tehsil Kalka, District Panchkula.

                                                                                          ….Complainants

Versus

1.       DLF Homes Panchkula Pvt. Ltd., Chandigarh Technology Park, Park No.2, Tower D, Ground Floor, Chandigarh U.T.-160101 through its Deputy Manager.

2.       DLF Homes Panchkula Pvt. Ltd., SCO No.190-191-192, Sector 8-C, Madhya Marg, Chandigarh, through its Deputy Manager.

3.       DLF Homes Panchkula Pvt. Ltd., Regd. Office 2^nd Floor, DLF Gateway Tower, DLF City, Phase III, National Highway-8, Gurgaon, through its Regional Manager/Managing Director.

                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                            

For the Parties:     Mr.Parmod Bhardwaj, Adv., for the complainant.

 

ORDER

(Dharam Pal, President)

 

1. The complainants have filed this present complaint u/s 12 of the Consumer Protection Act, 1986 against the Ops with the prayer that to pay interest @ 18% per annum on the whole amount deposited by the complainant with the opposite parties since December, 2010 on total amount of Rs.32,94,871/- till handing over the possession of the property to the complainants. To pay Rs.2,00,000/- as damages for causing mental agony, pain and sufferings to the complainants for their no fault. To pay Rs.20,000/- as cost of the complaint.
2. The complainants have booked a residential flat No.C-3/26-SF with the Ops and sale consideration was agreed at Rs.32,94,871/-. The complainants claimed to have paid Rs.30,44,551/- to the Ops. Since the possession has not been delivered to the complainants. The complainants before this Forum seeking compensation of the flat with the compensation of Rs.2,00,000/- alongwith interest @ 18% per annum on the whole amount.
3. As held by a three Members Bench of the Hon’ble National Commission, New Delhi vide its order dated 07.10.2016 in C.C. No.97 of 2016 titled as Ambrish Kumar Shukla & 21 Ors. Vs. Ferrous Infrastructure Pvt. Ltd., the pecuniary jurisdiction of the Forum in such cases is to be determined on the consideration paid or agreed to be paid by the consumer at the time of purchasing the goods or hiring or availing of the services, as the case may be, is to be considered, alongwith the compensation, if any, claimed. The interest was to be taken into account. In this case, the agreed sale consideration being Rs.32,94,871/- and compensation of Rs.2,00,000/-, even if compensation in the form of interest at a reasonable rate is added to the said amount and the aggregate come to more than Rs.20,00,000/-. Therefore, this Forum lacks the pecuniary jurisdiction to entertain the complaint.
4. Hence, in view of the above mentioned judgment of the Hon’ble National Commission, New Delhi, the complaint is accordingly dismissed in limini with liberty to the complainants to approach the competent authority.
5. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

02.11.2016                       ANITA KAPOOR                DHARAM PAL

                                        MEMBER                             PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                                     DHARAM PAL

                                                          PRESIDENT