Delhi

New Delhi

CC/135/2014

Narinder Singh - Complainant(s)

Versus

M/S. Coralwood - Opp.Party(s)

05 Mar 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

Case No.CC. 135/2014                                                             Dated:

              In the matter of:

Sh. Nariender Singh

R/o S-4/15A,

Old Mahabir Nagar, New Delhi-18                                             ……..COMPLAINANT

 

VERSUS

The Coralwood

Homes by SS Group, Also at Connaught Place, New Delhi

North Star Apartment Pvt. Ltd.

4^th Floor, The Plaza, MG Road,

Gurgaon-122002

Through its Managing Director

                                                                                                                            …....OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

 

1. The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986,  alleging  deficiency in services. 

 

2. Complaint has been contested by OP.   OP denied any deficiency in service on its part.  Both the parties have filed their evidence by way of Affidavit. 
3. We have heard the arguments advance at the Bar.  
4. The OP has prayed for the dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the cost of the flat in question is Rs. 66,50,000/-(BSP) and the complainant asked for the refund of the earnest money deposited  i.e. Rs.07,05,250/- besides other relief, hence, the total relief claim goes beyond the Pecuniary Jurisdiction of District Forum i.e. Rs.20 lacs.  It is submitted that 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. Perusal of the file shows that the complainant himself admitted at para 2 of his written argument that at the time of the booking the cost of the flat in question is Rs. 66,50,000/-, hence, the present complaint is not maintainable before this Forum on the ground of pecuniary jurisdiction, 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.
6. 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 :-    12/02/2014.

 

• Date of return of complaint :-                05/03/2020

 

• Name of complainant :-                       Nariender Singh

 

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

Announced  in open Forum on  05/03/2020.

 

 

  (ARUN KUMAR ARYA)

             PRESIDENT

         (NIPUR CHANDNA)                                                                (H M VYAS)

                                MEMBER                                                                           MEMBER