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Shailendra Sharam Singh filed a consumer case on 03 May 2018 against M/S. Gaursons Promoters Pvt.Ltd. in the New Delhi Consumer Court. The case no is CC/1196/2012 and the judgment uploaded on 05 May 2018.
Case No.CC- 1196/2012 Dated: 03/05/2018
The OP has moved an application for dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the cost of the flat/plot exceeds Rs. 20 Lacs i.e. Rs.30,03,000/-, 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. DU 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.
Copy of the order be given Dasti to the parties.
Announced in open Forum on 03/05/2018 .
File be consigned to record room.
(ARUN KUMAR ARYA)
PRESIDENT
(NIPUR CHANDNA) (H M VYAS)
MEMBER MEMBER
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