1. This First Appeal, by the Complainant, is directed against the order dated 08.07.2016, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (for short “the State Commission”) in Complaint No.26/2015. By the impugned order, the State Commission has dismissed the Complaint on the short ground that since the total amount paid by the Complainant to the Developer, the Respondents herein, was only a sum of ₹12,32,024/- and the same being less than ₹20,00,000/-, it did not have the pecuniary jurisdiction to entertain the Complaint. 2. Since admittedly the price of the flat was ₹19,53,275/- and the compensation claimed in the Complaint was ₹54,38,528/-, which is more than ₹20,00,000/- and less than ₹1,00,00,000/-, in view of the decision of a Larger Bench of this Commission dated 07.10.2016, passed in Consumer Case No. 97 of 2016, the impugned decision cannot be sustained. 3. Resultantly, the Appeal is allowed; the impugned order is set aside; and the afore-noted Complaint is restored to the board of the State Commission for further proceedings in accordance with law. The parties are permitted to file their written submissions at the time of final hearing of the Complaint. 4. The parties/their Counsel are directed to appear before the State Commission on 06.01.2017 for further proceedings. 5. The Appeal stands disposed of with no order as to costs. |
