Delhi

New Delhi

CC/1117/2011

DAULAT RAM JAIN - Complainant(s)

Versus

M/S. BPTP Ltd. - Opp.Party(s)

06 Dec 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.1117/2011                                        Dated:

In the matter of:

 

Dault Ram Jain

…Complainant

 

Versus

 

M/s BPTP & Others

… Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

O R D E R

The OP has moved an application for dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the total cost of flat is Rs.41,60,000/-(BSP) which 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. During the course of arguments, it is admitted that the cost of flat in question and reliefs claim exceeds the pecuniary jurisdiction of this Forum, i.e. Rs. 20 Lacs.  It is further stated by the complainant that although the cost of flat exceeds the Pecuniary jurisdiction of this Forum but in the prayer clause he has prayed for the refund of sum of Rs.4,00,000/- along with 18% interest from date of payment till its realization hence the judgment cited by OP is not applicable in the present case and prayed for the dismissal of the application.  He has relied upon the judgment of Rajasthan High Court case titled as “Mani Vs. Kishan Lal and Anr. (1996 SSC Online Raj 45 in D.B. Civil Appeal No.30/1993).

We have gone through the judgment cited by the complainant, in our view,  same is not applicable in the present case.   Perusal of the file shows that the cost of flat in question is Rs.41,60,000/-(BSP) which exceeds the pecuniary jurisdiction of this Forum i.e. Rs. 20 Lacs. Hence, we are of the considered opinion that this Forum does not have the Pecuniary Jurisdiction to entertain the present complaint in the light Ambrish Shukla judgment(Supra). 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 :-    24/11/2011.

 

• Date of return of complaint :-                06/12/2018.

 

• Name of complainant :-                         Daulat Ram Jain

                 

 

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

 

Announced in open Forum on 06/12/2018.

 

 

 (ARUN KUMAR ARYA)

                             PRESIDENT

      (NIPUR CHANDNA)                                                 (H M VYAS)

                          MEMBER                                                          MEMBER