Delhi

New Delhi

CC/1092/2013

Rajiv Kumar Srivastava - Complainant(s)

Versus

M/S. India Bulls Securities Ltd. - Opp.Party(s)

21 Jan 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.1092/2013                                     Dated:

              In the matter of:

Sh. Rajiv Kumar Srivastave,

S/o Sh. Surendra Prasad,

R/ at Dwarka, New Delhi.

           ……..COMPLAINANT

VERSUS

1.           The Manager,

Indiabulls Housing Finance Ltd.

M 61/62, Middle Circle,

Connaught Place, New Delhi-110001.

 

2.           M/s Emaar MGF Ltd.,

Through its Director,

Emaar MGF Business Park Mehrauli,

Gurgaon Road Sikandarpur Chowk,

                   Gurgaon-122002.

                                 Opposite Parties.

 

ARUN KUMAR ARYA, PRESIDENT

8ORDER

 

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

 

2.     Complaint has been contested by OPs.   OPs 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.     Perusal of the file shows that the subject matter of the dispute qua OP-1  against which the relief claim was a loan of Rs.20,20,000/- besides OP-1, the complainant has also claimed the relief qua OP-2, claiming the relief against the property in question the cost of which is to the tune of Rs.41,18,380/-, 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. Perusal of the file shows that cost of the property as well as the loan in question  and reliefs claim exceeds the pecuniary jurisdiction of this Forum, i.e. Rs. 20 Lacs.

5.     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 :-    13/12/2013.

 

• Date of return of complaint :-                21/01/2020

 

• Name of complainant :-           Rajiv Kumar Srivastava.

 

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

 

Announced  in open Forum on  21/01/2020.

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

       (NIPUR CHANDNA)                                                 (H M VYAS)

                          MEMBER                                                          MEMBER