23.09.2022

ORDER

By Sri Ravishankar, Judicial Member

This is a complaint filed by the complainants praying for a direction against the Opposite Party to refund the principal amount paid towards sale consideration, loan amount which was disbursed by bank towards sale consideration, interest at 18% p.a. for delay, Pre EMI paid to the bank amounting to Rs.35,48,527/- and a sum of Rs.16,53,782/- towards compensation and costs of litigation.

2.         On going through the complaint and documents, we noticed that the complainant has paid only an advance amount of Rs.2,14,555/- for purchase of flat which is less than Rs.50 lakhs, the pecuniary jurisdiction of the complaint lies before the District Commission.  In this regard, it is appropriate to refer a decision reported in 2018 (3) CPR 395 (NC) rendered in the case of Mr. Ravi Beniwal v/s Advance India Project Ltd., and another decided on 31.05.2018 in Consumer Case No.250/2018, it is held as under;

“Thus, the consideration in a case of refund would only mean the amount paid and therefore, consideration paid in the above quoted observation in decision in Ambrish Kumar Shukla & others v/s Ferrous Infrastructure Pvt. Ltd., could be only the amount paid by the complainant to the Opposite Party and this shall decide the pecuniary jurisdiction of the Consumer Forum.”

3.         Hence, the complaint is hereby returned to the complainant along with documents to file the same before the District Commission.

4.      The fee paid by the complainant before this commission is sufficient to entertain the complaint before the District Commission. 

        Sd/-                                                       Sd/-

       (Sunita .C. Bagewadi)                             (Ravishankar)       

                 Member                                        Judicial Member

KCS*