Delhi

New Delhi

CC/765/2014

Uday Shankar Lal - Complainant(s)

Versus

M/S. Omaxe Buildhome Ltd & Anr. - Opp.Party(s)

07 Jan 2019

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.765/2014                                   Dated:

In the matter of:

 

Uday Shankar Lal

…Complainant

 

Versus

 

 

M/s Omaxe Buildhomr Ltd. & Anr.                                                 … Opposite Party

 

 

 PRESIDENT- ARUN KUMAR ARYA

 

O R D E R

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant booked a shop with the OP for a total price of Rs. 19,32,425/-. The aforesaid project was not completed by the OP hence the present complaint was filed by the complainant claiming to restore the booking of Shop alongwith Rs. 1,00,000/- towards for mental agony and untoward expenses and 50,000/- towards  legal expenses.

During the course of arguments, It is observed that the cost of the shop and relief claimed exceeds 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.

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 :-    30/09/2014.

 

• Date of return of complaint :-                07/01/2019.

 

• Name of complainant :-                        Sh. Uday Shankar Lal

Copy of the order be given Dasti to the parties.

 

Announced  in open Forum on  07/01/2019.

File be consigned to record room.

 

(ARUN KUMAR ARYA)

PRESIDENT

       (NIPUR CHANDNA)                                                                             (H M VYAS)

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