Delhi

New Delhi

CC/874/2012

Nikhil Gupta - Complainant(s)

Versus

M/S. Ansal Properties And Infrastructure Ltd. - Opp.Party(s)

07 Jan 2019

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.874/2012                                   Dated:

In the matter of:

 

Nikhil Gupta

…Complainant

 

Versus

 

 

Ansal Properties & Infrastructure Ltd.                                           … Opposite Party

 

    NIPUR CHANDNA - MEMBER

O R D E R

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant booked a flat with the OP for an area of 1225 sq. ft. @ 1600/- sq. ft. a total price of Rs. 19,29,375/-. The aforesaid project was not completed by the OP hence the present complaint was filed by the complainant claiming the possession of the flat alongwith Rs. 2,00,000/- towards for mental trauma and harassment and 1,00,000/- towards  legal expenses.

During the course of arguments, It is admitted that the cost of the flat/plot and relief claimed exceeds 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.

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 :-    05/09/2012.

 

• Date of return of complaint :-                07/01/2019.

 

• Name of complainant :-                        Sh. Nikhil Gupta

Copy of the order be given Dasti to the parties.

 

Announced  in open Forum on  07/01/2019.

File be consigned to record room.

 

(ARUN KUMAR ARYA)

PRESIDENT

              (NIPUR CHANDNA)                                                                             (H M VYAS)

                   MEMBER                                                                                        MEMBER