Delhi

New Delhi

CC/571/2017

Marut Dhar - Complainant(s)

Versus

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

09 Feb 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./ 571/2017                                                    Dated:

In the matter of:

Mr. Marut Dhar

Mrs. Ruby Dhar

Both R/o 137, Pocket-E,

Mayur Vihar, Phase-II,

Delhi-110091         

                                                                                               …..Complainant

 

 

 Versus

 

 

M/S Parsvnath Developers Ltd.

6^th Floor, Arunachal building,

19, Barakhamba road,

New Deilhi-110001

Through its directors

 

1. Mr. Pradeep Jain
2. Mr. Sandeev Jain
3. Dr. Rajeev Jain
4. Dr. Pritam Singh
5. Mr. Ashok Kumar
6. Ms. Deepa Gupta
7. Mr. Mahendra Nath Verma

           

.…… Opposite Parties

 

 

                        

 

ARUN KUMAR ARYA - PRESIDENT

ORDER

The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986 and  made the following prayer:-

1. Direct the respondent to make the payment of Rs. 15,66,378/-  along with the interest @ 28% per annum as claimed amount to the complainant.
2. Direct the respondent to pay Rs. 3,00,000/-as damages toward mental and physical pain and agony.
3. Direct the respondent to pay Rs.55,,000/-as cost of litigation.
4. Any other relief which this Hon’ble Forum may deem  fit and proper may also be granted in favor of the complainant and against the respondent.

 

After the Mediation report that the matter not settled, the arguments on behalf of complainant addressed by Ld. Counsel. During the course of deliberation, it is stated that complainants have made a payment of Rs. 15,66,378/- in respect of the shop in respect of which an agreement was executed.The Ld. counsel of thecomplainanton the issue of Pecuniary Jurisdiction argued that theprayer is not forpossession of shop and only the relief of refund of the amount paid with interest and compensation etc has been claimed therefore, thecomplaint is within the pecuniary Jurisdiction ofthis Forum.

We have given due consideration to the material placed before us and the arguments addressed along with relevant provisions of law.The aggregate of the cost of shop & the relief claimedis more than the pecuniary jurisdiction of the Forum and hold accordingly. The particulars of this case 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 20 are as under:-

• Presentation of complaint:-

Before this District Forum on 18/12/2017

• Date of return of complaint    09/02/2018

• The name of complainant(s)

                   

Brief statement of reasons for returning the complaint.

As per the judgement in the case of Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., 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, the aggregate value of the alleged flat, damages and interest claimed exceeds the pecuniary jurisdiction of this District Forum (i.e.) 20 Lacs.

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 to file it before the appropriate forum.

Copy of the order may be sent to the complainant to the case free of cost as statutorily required. 

Announced in open Forum on 09/02/2018. 

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

File be consigned to record room.

 

 

 (ARUN KUMAR ARYA)

                                                (PRESIDENT)

 

 

               (H M VYAS)                                                 (NIPUR CHANDNA)

                MEMBER                                                                MEMBER