Delhi

New Delhi

CC/32/2013

Deepak Maheshwari - Complainant(s)

Versus

M/S. Parsvnath Developers Ltd. - Opp.Party(s)

08 Mar 2018

ORDER

 

 

 

                    CONSUMER DISPUTES REDRESSAL FORUM-VI

                         ( DISTT. NEW DELHI),

                   ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

 

Case No.C.C./32/2013                                                   Dated:

In the matter of:

Mr. Deepak Maheshwari

S/o Shri Ghanshyam Dass Maheshwari,

Resident of 24/263, Chatta Deputy Ganj,

District Bulandshahar (U.P.)-203001                                                                                                                                                                                                                                                                                         …… Complainant

 

 

 

Versus

 

 

 

Parsvnath Developers Ltd.

6^th Floor , Arunachal Building

19, Barakhmbha Road,

New Delhi-110001,

Through its Administrator/ Developer.

                                                                                                                                          …….Opposite Party

 

 

 

H.M.VYAS :MEMBER

ORDER

        Complainant has filed this complaint before this Forum under Section 12 of the Consumer Protection Act 1986 (the Act) against M/s Parsvnath Developers Ltd., hereinafter  referred to as OP praying for reliefs as under :-

1. That the Opposite Party be directed to refund Rs. 14,20,814/- plus interest of 12% per annum, from the date of its deposit, to the complainant;
2. That the OP be directed to pay Rs.5,00,000/- as compensation to the complainant;
3. That the OP be directed to pay the stipulated compensation at the rate of Rs.5/- per sq. ft. per month of super area i.e., 1855sq. ft. from June, 2009.
4. Award the costs of the litigation and other reliefs as this Hon’ble Commission may deem fit and proper in the interest of justice and equity.

          OP was noticed and the matter was contested by it. OP had filed written statement.  The complainant filed rejoinder and evidence by way of affidavit. The OP filed their evidence and both the parties  filed their respective  written arguments.

The matter was listed before us for final hearing on 07.03.2018, counsel for OP moved an application for dismissal of the complaint stating that this forum does not have pecuniary jurisdiction.

 Ld. Counsel for the OP raised objection regarding pecuniary jurisdiction of this forum , as  the basic sale price of the Flat in question is  Rs. 56,83,356.25/- and damages claimed  put together is much beyond  the pecuniary jurisdiction of this Forum i.e. Rs.20 Lakhs and prayed for dismissal of the complaint on the ground that this Forum lacks the pecuniary jurisdiction to hear and dispose  off the case in the light of Judgement of Hon’ble National Commission in CC no. 97/2016 Ambrish  Kumar Shukla & Ors vs. Ferrous Infrastructure Pvt. Ltd.

We have given due consideration to the material placed before us and the  arguments advanced at the bar with relevant provisions of law.

For this purpose we may advert to Section 11of the Act:-

Section11:- (1) Subject to the other provision of this Act, the District Forum shall have jurisdiction to entertain the complaints were value of goods or services and the compensation, if any, claimed ( does not exceed rupees twenty lakhs) .

                                           (2)              x               x                       x                     x                              x                 x

                   

Paragraph 14 of the judgement of the  Hon’ble NCDRC in the matter of Ambrish  Kumar Shukla & Ors vs. Ferrous Infrastructure Pvt. Ltd, is reproduced below:-

It is evident from a bare perusal of Section 21, 17 and 11 of the  Consumer Protection Act and it’s the value of the goods or services and the compensation, if any, claimed which determines the  pecuniary jurisdiction of the Consumer Forum. The Act does not envisage determination of the pecuniary jurisdiction based upon the cost of removing the deficiencies in the goods purchased or the services to be rendered to the consumer. Therefore, the cost of removing the defects or deficiencies in the goods or the services would have no bearing on the determination of the pecuniary jurisdiction. If the aggregate of the value of the goods purchased or the services hired or availed of by a consumer, when added to the compensation, if any, claimed in the complaint by him, exceeds Rs.1 crore, it is this Commission alone which would have the pecuniary jurisdiction  to entertain  the complaint . For instance if a person purchases a machine for more than Rs.1 crore, a manufacturing defect is found in the machine and the consumer for the machine and the cost of removing the said defect is Rs.10 lacs, it is the aggregate of the sale consideration paid by the consumer for the machine and compensation, if any, claimed in the complaint which would determine the pecuniary jurisdiction of the Consumer Forum. Similarly, if for instance, a house is sold for more than Rs. 1 crore, certain defects are found in the house, and the cost of removing those defects is Rs.5 lacs, the complaint would have to be filed before this Commission, the value of the services itself being more than Rs.1 crore.

The Hon’ble National Commission has taken similar view also in the case of Daimler Financial Services India Vs Laxmi Narayan Biswal (FA No. 1616/2017) decided on 30/08/17 and in the case of Raj Kishore Vs TDI reported as III(2017)CPJ 155.  

This view is also adopted by our own Hon’ble State Commission in Complaint Case no. 119/12 Ambica Steel Lts., Vs. The Oriental Insurance Co. Ltd. Vide orders dated 11/12/2017.

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, and other cases (supra) we are of the considered opinion that this Forum does not have the pecuniary jurisdiction to adjudicate the complaint and therefore, the complaint is directed to be returned to complainant with following particulars in the light of the decision  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 .

• Presentation of complaint:-

Before this District Forum on 10/01/2013

• Date of return of complaint  08/03/2018

• The name of complainant(s)

                        Mr. Deepak Maheshwari

S/o Shri Ghanshyam Dass Maheshwari,

Resident of 24/263, Chatta Deputy Ganj,

District Bulandshahar (U.P.)-203001     

           

• Brief statement of reasons for returning the complaint.

The judgement in the case of Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC came on 07/10/2016, and the Hon’ble NCDRC has held that in case where even part of deficiency is to be removed, the full value of the subject matter whether goods or services will be taken as the value of goods and services for deciding the pecuniary Jurisdiction. In the present complaint, it is clear that the aggregate value of the  alleged  flat (Rs. 56,83,356.25/=) and reliefs  claimed exceeds the pecuniary jurisdiction of this District Forum i.e. 20 Lakh.

Keeping in view provision of law and the law laid down by the Hon’ble NCDRC referred to above, we hold that this Forum lacks the pecuniary jurisdiction to hear and dispose of this case and accordingly we order  return of the complaint against acknowledgement  to file it before the appropriate forum.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 08/03/2018. 

The orders be uploaded on www.confonet.nic.in.

File be consigned to record room.

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

           (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                           MEMBER