Delhi

South II

cc/101/2013

MR. SURENDRA KUMAR BAGARIA - Complainant(s)

Versus

M/S. OMAXE LIMITED - Opp.Party(s)

22 Apr 2019

ORDER

Udyog Sadan Qutub Institutional Area New Delhi-16
Heading2
 
Complaint Case No. cc/101/2013
( Date of Filing : 15 Feb 2013 )
 
1. MR. SURENDRA KUMAR BAGARIA
A-602, KESAR GARDEN, SECTOR 48, NOIDA, U.P. 201304.
...........Complainant(s)
Versus
1. M/S. OMAXE LIMITED
7, LOCAL SHOPPING CENTER, KALKAJI, NEW DELHI-110019.
............Opp.Party(s)
 
BEFORE: 
  A.S Yadav PRESIDENT
  Shahina MEMBER
 
For the Complainant:
Comptt. in person alongwith Sh. K. L Choudhary, Adv.
 
For the Opp. Party:
Sh. Sukhpreet Maan, Adv for OP
 
Dated : 22 Apr 2019
Final Order / Judgement

Date: 22.04.2019                                                                              C.C No. 101/2013

 

12:00 PM

 

           

Present :- Comptt. in person alongwith Sh. K. L Choudhary, Adv.

                  Sh. Sukhpreet Maan, Adv for OP

 

 

The matter is on the stage of Final Arguments. 

 

It is submitted by the Ld. Counsel for OP that infact the case is beyond the pecuniary jurisdiction of this Forum.  It is submitted by him that total price of the Flat is Rs. 17,54,875/- .

 

It is submitted by the Ld. Counsel for the Comptt. that infact the price of the Flat is Rs. 16,09,650/-.  As the price of Flat is Rs. 16,09,650/-, Comptt. is claiming the possession of the Flat apart from that Comptt is claiming a sum of Rs. 90,221/- as well as Rs. 1,19,850/- and compensation of Rs. 2,00,000/- and cost of litigation Rs. 11,000/-.

 

            This is by itself is more than Rs. 20,00,000/-

 

            The original complaint be returned alongwith written documents.        

 

Since the value of the unit is more than Rs 20 lakhs. Hence, the present complaint is beyond the pecuniary jurisdiction of this Forum in view of the law laid down by Hon’ble National Commission in case of Ambrish Kumar Shukla & Ors. Vs Ferrous Infrastructure Pvt. Ltd. – 1(2017) CPJ (NC) and it has been subsequently reiterated by the Hon’ble National Commission in its judgment dated 09.02.2018 in case of Gurumukh Singh Vs Greater Mohali Area Development Authority & Ors.

 

The original complaint alongwith documents be returned to the complainant with liberty to file the same before the Forum of appropriate pecuniary jurisdiction.  For the purpose of limitation, complainant will get the benefit of the period spend before this Forum.  Copy of the order be given Dasti.

 

 

 

 

(SHAHINA)                                                               (A.S YADAV)           

  MEMBER                                                               PRESIDENT

 
 
[ A.S Yadav]
PRESIDENT
 
[ Shahina]
MEMBER

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