Delhi

New Delhi

CC/410/2013

Ashok Kumar Jaiswal - Complainant(s)

Versus

M/S. Ambient Holdings & Ors. - Opp.Party(s)

24 Feb 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 410/2013                               Dated:

In the matter of:

 

Ashok Kumar Jaiswal

…Complainant

 

Versus

 

1. M/s Ambient Land Holdings Ltds.

 

2. M/s Syndicate Developers

 

3. M/s Ansal Properties & Infrastructure Ltd.

      ..… Opposite Parties

 

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

The complainant has filed the present complaint against the OP alleging the deficiency in services. It is alleged that  the complainant approached the OP-1 to purchase a plot of OP-3.  The complainant paid a sum of Rs.9,00,000/- towards the registration of the plot, costing Rs.42,38,338/-.  The aforesaid cheque was duly encashed by OP-1 on 18.2.2005.  Thereafter, the complainant made various payments through cheques to the OP-3 I lieu of registration and transfer of the plot.   The OP-3 does not reflect/adjust the payment of Rs.9 lacs deposited with OP-1 against the registration of the plot in question.  The complainant sent various emails and letters to OP-1 & 3 for refund of Rs. 9 lacs.  OP-1 & 3 neither respond to the letters nor had refunded the money, complainant approached this Forum for redressal of his grievance.

2.     Complaint has been contested by OP-3.

3.     We have heard arguments advance at the bar and have perused the file.

4.     During the course of arguments, it is revealed that the prayer for the refund of the sum of Rs.9 lacs which was paid to OP-1 as a registration charges is related to plot in question the basic price of which is Rs.30,61,760 it exceeds the pecuniary jurisdiction of this Forum i.e. Rs. 20 lacs, as such, this Forum does not have Pecuniary Jurisdiction to entertain this complaint, in the light of  Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016 reported as Manu/CF/0499/16.

5.     In view of the above, we are of the considered opinion that this Forum does not have the Pecuniary Jurisdiction to entertain the present complaint. Accordingly, the complaint be returned to the complainant along with annexures/ documents by retaining a copy of the same for records with liberty to file the same before the competent Forum as per the Law. The particulars in the light of the judgement of Hon’ble NCDRC in the matter of Tushar Batra & Anr. Vs. M/S Unitech Limited decided on 26/04/2017, Case no.-299 of 2014 are as follows.

•  Date of presentation of complaint :-    01/05/2013.

 

• Date of return of complaint :-                24/02/2020

         

• Name of complainant :-                          Jasmine Sarna

 

 

Copy of the order be given Dasti to the parties. File be consigned to record room.

 

Announced  in open Forum on  24/02/2020.

 

 

 

(ARUN KUMAR ARYA)

                             PRESIDENT

(NIPUR CHANDNA)                                              (H M VYAS)

                          MEMBER                                                       MEMBER