Delhi

New Delhi

CC/126/2015

Deepak Sharma - Complainant(s)

Versus

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

27 Apr 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/126/2015                                                Dated:

 

          In the matter of:

          Mr. Deepak Sharma

         S/o Shri Ramesh Chandra Sharma

         R/o 704, Vaish Apartment, Sector-45,

         Nit, Faridabad, Haryana-121001                      ………. Complainant

 

                             Versus

 

1.    M/s BPTP Ltd.

Through its Directors

Having its registered office at:

M-11, Middle Circle, Connaught Circus,

New Delhi-110001

 

2. M/s Countrywide promoters Pvt. Ltd.

Through its Directors

Having its registered office at:

M-11, Middle Circle, Connaught Circus,

New Delhi-110001

 

3. M/s Sunglow Overseas (P) Ltd.

Through its Directors

Having its registered office at:

M-11, Middle Circle, Connaught Circus,

New Delhi-110001

 

 

 

4. HDFC Ltd.
5.  

India Habitat Centre

Lodhi Road, New Delhi- 110003

 

5. Mr. Vijay Kumar Singh

S/o Shri Ram Charitra Singh

House No. 80, Sector, 4R,

Faridabad, Haryana-121006

 

6.  Mrs. Leela Singh

W/o Mr. Vijay Kumar Singh

House No. 80, Sector, 4R,

Faridabad, Haryana-121006                     ….. Opposite parties

 

 

 

 

 

 

 

 

                                      ORDER

 

         S.K. Sarvaria, President

 

1. The facts as mentioned in the complaint are that the complainant purchased Flat No. C-201 from OP No. 5 &6 in the project park Arena Developed by OP No.1.

OP-1 issued no objections letter dated 18/07/2013 and the complainant paid the transfer fee of Rs.89431/- to OP-1 against receipt.

The name of complainant was substituted in place of OP-5 & 6 in the Flat buyers agreement OP-1 and then issued nomination letter dated 29/11/13 confirming booking/allotment of said flat in favour of the complainant and also confirmed the receipt of the amount of Rs. 3882627.25 concerning the said flat. Complainant in October/November 2013, received a call from OP1 that said flat is not available and complainant need to shift to ( A-204)  the other flat. Even OP-4 insisted and advocated for OP-1 to shift to other flat and that OP-1 has right to re-allot another unit at any time before giving possession.

 

On being asked by OP-1 to sign the necessary documents prepared by OP-1 pertaining to other flat/unit to complete formalities, The complainant refused to sign such documents reiterating his stand not to shift to any other flat. The possession has not yet been offered by the OP-1 to complainant.

 

 

2. The complainant has prayed to:-

1.  Direct  respondent nos. 1 to 3 companies to confirm the allotment of the Flat/Unit no. C-201, in project “ Park Arena”, Sector-80, Faridabad, Haryana, in favour of complainant; and
2. Direct respondent nos. 1 to 3 companies not to shift complainant to any other flat other than the flat that is purchased/booked by the complainant i.e. Flat/Unit no. C-201, in project “ Park Arena”, Sector 80, Faridabad, Haryana;
3. Direct respondent nos.1 to 4 to complete pending formalities, if any, with respect to Flat/ Unit purchased by complainant i.e. Flat/Unit no. C-201, in project “Park Arena”, Sector-80, Faridabad, Haryana;
4. Desist respondent nos. 1 to 4 from continuing and/or adopting any such unfair trade practices in future;
5. Award Rs. 2 lacs towards compensation for mental agony suffered, physical pain and financial loss caused to the complainant since last one and half year for the acts and omissions of respondent no. 1 to 4;
6. Award litigation cost of Rs. 30,000/- in favour of the complainant and against the respondent,
7. Pass such other and further order(s)/directions(s) as this Hon’ble Forum deems fit and proper in the circumstances of the case. 

 

OP has contested the complaint and file its written statement.

 

Both the parties file their evidence by way of affidavit.

 

 

 

         We have heard arguments advanced at the bar and have perused the record.

 

Section 11(1) of Consumer Protection Act, 1986 reads as under:-

“Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed (does not exceed rupees twenty lakhs).”

 

     In the present complaint the complainant in the prayer clause no. ‘A’ prayed for the possession of the flat worth Rs.45,24,478 /- beside the other reliefs claimed against the Ops, the total prayed claim is beyond the pecuniary jurisdiction of this Forum as it exceed Rs.20,00,000/-.

 

          In view of the above this District Forum has no pecuniary jurisdiction to entertain and adjudicate the present complaint. The question now is whether the complaint should be returned or we should refer to the competent Consumer Forum for disposal?

As the pleading, evidence of the parties are complete and both parties have filed written arguments, we feel that  the interest of justice shall be met if a request is made to Hon’ble Delhi State Consumer Dispute Redressal Commission for withdrawal of this complainant from this District Forum and transfer it to Hon’ble State Consumer Dispute Redressal Commission for disposal of the complaint as return of the complaint, may lead to denovo trial which may cause inconvenience and hardship  to both the parties. Therefore we request to the Hon’ble State Commission accordingly and direct the parties to appear before Hon’ble State Commission, A block, Vikas Bhawan, ITO, New Delhi at 2.00 PM on 15/05/2017. Office is directed to send the  complete record of this case to Hon’ble  State Commission well in time. This final order be sent to server (www.confonet.nic.in).

 

Copy of order be sent to both parties by post free of cost.

       

Pronounced in open Forum on  27/04/2017.

(S K SARVARIA)

PRESIDENT

 

                                   (NIPUR CHANDNA)                                                       (H M VYAS)

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