Delhi

New Delhi

CC/698/2014

Krishna Chaudhuri - Complainant(s)

Versus

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

19 Feb 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.698/2014                                Dated:

In the matter of:

 

Krishna Chowdhury and Ors.

…Complainant

 

Versus

 

M/s Ansal Properties and Infrastructure Ltd. and Anr.

… Opposite Party

 

NIPUR CHANDNA, MEMBER

O R D E R

 

The OP has moved an application for dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the cost of the flat is Rs. 19,12,500/- and the complainant has claim the compensation to the tune of Rs. 03,00,000/-, hence the cost of the flat 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. During the course of arguments, it is admitted that cost of the flat/plot in question and reliefs claim exceeds the pecuniary jurisdiction of this Forum, i.e. Rs. 20 Lacs.

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 :-    15/09/2014

 

• Date of return of complaint :-                19/02/2019

 

• Name of complainant :-     Krishna Chaudhuri and Ors.

 

 

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

 

Announced  in open Forum on  19/02/2019 .

 

 

 (ARUN KUMAR ARYA)

                             PRESIDENT

 

 

 

    (NIPUR CHANDNA)                                 

                                                                                MEMBER