DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.992 of 2017

                                                Date of institution:  13.11.2017

                                                Date of decision   :  26.09.2018

Iqbal Singh son of Shri Gurdev Singh, resident of Dhaliwal House, Machhiwara Road, Samrala, District Ludhiana.

…….Complainant

Versus

1.     M/s. The Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar through its President.

……..Opposite Party No.1

2.     Navjeet Singh, President M/s. Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar.

        C/o Superintendent Central Jail, Patiala.

……..Opposite Party No.2

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member.

                Mrs. Natasha Chopra, Member.

Present:     Shri Mohan Singh Bedi, cl. for the complainant.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant, after becoming member of OP society asked for plot measuring 250 sq. yards, which was allotted to him vide allotment letter dated 03.08.2015. Agreement was arrived at, as per which physical possession of the plot was required to be delivered within 2 years. Thereafter complainant deposited amount of Rs.19,30,000/- on different dates, details of which given in the complaint. That amount of Rs.19,30,000/- includes Rs.5,000/- deposited as membership fee vide receipt dated 21.07.2011. Request for handing over of physical possession of the allotted plot was submitted by complainant through letter dated 01.03.2017, but to no effect. In view of adoption of unfair trade practice by OPs, this complaint filed for seeking direction to OPs to handover physical possession of plot No.85 in Sector 110-111-112, Mohali or in the alternative to return Rs.19,30,000/- with interest @ 24% with quarterly rest. Compensation for mental agony and harassment of Rs.50,000/- and litigation expenses of Rs.20,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-10 and thereafter his counsel closed evidence.

4.             Written arguments not submitted by complainant, but oral arguments heard and records gone through.

5.             It is admitted at bar by counsel for complainant that total price of the plot was Rs.16,25,000/-. However, complainant claims to have paid Rs.19,30,000/-, refund of which is sought with interest @ 24% with quarterly rest. If the amount of claimed compensation for mental agony and harassment of Rs.50,000/- and litigation expenses of Rs.20,000/- taken together with the claimed relief of refund of Rs.19,30,000/-, then it is made out that aggregate worth of the claimed reliefs goes beyond pecuniary limit jurisdiction of this Forum.  Total of the claimed alternative relief of Rs.19,30,000/- and of the compensation and litigation cost itself comes to Rs.20,00,000/-. However, complainant is seeking interest @ 24% with quarterly rest, since after issue of legal notice Ex.C-10 dated 03.04.2017. This complaint filed on 13.11.2017 and as such virtually interest for 7 months atleast is claimed. That interest on amount of Rs.19,30,000/- @ 24% per annum for 7 months comes to Rs.2,70,200/-. So the aggregate of the claimed reliefs comes to Rs.22,70,200/-.

6.             As per case titled as Ambrish Kumar Shukla & 21 Ors Vs. Ferrous Infrastructure Pvt. Ltd. 2016(4) CPR 83 decided by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, for determining the pecuniary jurisdiction of a Forum, not only the consideration paid or agreed to be paid by a consumer at the time of purchase of goods or hiring or availing of services is to be considered, but even the amount of compensation claimed alongwith interest claimed, has to be taken into consideration. So it is the aggregate of the paid consideration plus the amount of claimed interest plus amount of compensation and litigation cost  which together to be taken into consideration for determining whether this Forum has pecuniary jurisdiction or not. View taken in this case has been affirmed further by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as First Appeal No.1364 of 2017 titled as M/s. Omaxe Chandigarh Extension Developers Pvt. Ltd. & 2 others Vs. Lalitha Saini, decided on 21.08.2017. When the aggregate of the amount of reliefs claimed with amount of interest claimed alongwith amount of compensation and litigation expenses, taken into consideration in this case, then it is made out that total of all these amounts goes beyond the limit of Rs.20.00 lakhs. This Forum has pecuniary jurisdiction to deal with cases/complaints where the pecuniary jurisdiction limit does not exceed Rs.20.00 lakhs. However, that limit stands exceeded in this case, if the aggregate of the amount claimed alongwith interest, amount of compensation and costs of litigation taken together. So certainly this complaint deserves to be returned for presentation before appropriate Forum/Commission.

7.             As a sequel of above discussion, complaint ordered to be returned to the complainant for presentation before the appropriate Forum/Commission. Certified copy of the order be supplied to the complainant as per rules.

Announced

September 26, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member