ORAL

   STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                    COMPLAINT NO. 164 OF 2018

Smt. Richa Agarwal

W/o Sri Sanjeev Agarwal

R/o F-99, IInd Floor,

Naraina Vihar, New Delhi-110028

                                                                                          ...Complainant

                                                           Vs.

01.M/s Jaypee Infratech Limited

     Having its registered office at:

     Sector-128, Noida, U.P.-201304

02.M/s Jaiprakash Associates Limited

     Having its registered office at:

     Sector-128, Noida, U.P. 201304

     Having its branch office at:

     63, JA House, Basant Lok

     Vasant Vihar, New Delhi-110057

03.Mr. Manoj Gaur, Managing Director

             Sector-128, Noida, U.P.-201304

                                                                                      ...Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Complainant           :    Sri Shubham Tripathi, Advocate.

For the Opposite Party        :                     

Dated :  21-05-2018

                                                  ORDER

       MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

Present complaint has been filed by complainant Smt. Richa Agarwal against opposite parties M/s Jaypee Infratech Limited and others with the following prayers:-

1. Direct the opposite parties to handover the possession of the Flat bearing No. KRH0120901 in “KRESCENT HOMES” at Jaypee Greens, Noida, UP and pay interest @ 24% per annum on the sum of Rs.48,08,501.32 (Rupees Forty Eight Lakh Eight Thousand Five Hundred One and Paise Thirty Two Only) which is the amount deposited by the complainant with the

opposite parties from the date of making the said payments against the loss suffered by the complainant for the interest charged by the financial institution towards the loan availed.

2. Direct the opposite parties to pay Rs.10,00,000/- (Rupees Ten Lakh) towards mental trauma, harassment and hardships suffered by the complainant; and
3. Direct the opposite parties to pay a sum of Rs.2,00,000/- (Rupees Two Lakh Only) to the complainant towards the cost of litigation; and
4. Pass any other or further relief in favour of the complainant and against the opposite parties, which this Hon’ble Commission may deem fit, just and proper in the facts and circumstances of the case.

In view of proposition laid down by Hon’ble National Commission in  case of Ambrish Kumar Shukla and others V/s Ferrous Infrastructure Pvt. Ltd. reported in 2016(4) CPR 83 NC the valuation of complaint shall be assessed on the basis of basic sale price of flat and compensation claimed.

In view of proposition laid down by Hon’ble National Commission in above case interest claimed on amount deposited by the complainant shall be deemed to be compensation for the purpose of valuation of complaint.

In view of judgment of Hon’ble National Commission rendered in the above case Ambrish Kumar Shukla the valuation of complaint goes above rupees one crore. Therefore, this State Commission has no pecuniary jurisdiction to entertain this complaint.

The complaint is returned to complainant with liberty to file it before Hon’ble National Commission in accordance with law.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                               ( JUSTICE A H KHAN )

                                                                               PRESIDENT

                                                                  ( MAHESH CHAND )

                                                                                  MEMBER