Delhi

New Delhi

CC/713/2014

Prabhjeet Singh - Complainant(s)

Versus

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

07 Feb 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

 

Case No.CC./713/2014                                                              Dated:

In the matter of:

Shri Prabhjeet Singh

S/o Late Sh. Jitender Singh

R/o 5, Surya Niketan,

Anand Vihar, I.P. Extn.,

Vikas Marg, Delhi-110092.                               ……..COMPLAINANT

 

    

 

VERSUS

 

 

Parsvnath Developers Limited,

Regd. Office at 6^th floor,

Arunachal building,

19, Barakhamba Road,

New Delhi-110001.

Through its Director.

………. OPPOSITE PARTY

 

 

 

 

 

 

 

 

 

ORDER

H.M. VYAS, MEMBER

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

Prayer

1. Direct the respondent to handover the peaceful vacant possession of the booked flat bearing no. T4-802 in Parsvnath Pleasant at Village Dharuhera, District Rewari, Haryana; and/or

In alternative a similar flat having the same basic price at the time of booking of the flat in any of their projects in Delhi/NCR with prior intimation to the complainant;

 

2. Direct the respondent to pay a sum of Rs. 5 Lakhs as compensation for causing harassment, mental tension, pain and agony to the complainant and his family members by not handing over the possession of the booked flat as mentioned herein above;

 

3. Any other and further relief which this Hon’ble Court deems fit and proper may also be awarded in favor of the complainant and against the respondent.

 

The case of the complainant is that a flat was booked with the OPscertain amount was paid against the total cost of the flat Rs. 37,10,000/-( para 8 of the complaint).An agreement in respect of the flat was also executed between the parties.

The Ops resisted the complaint and raised many preliminary objections and also on merits of the case.  The Op filed version to the complaint.  The  ld. counsel for the OP raised the point of pecuniary jurisdiction and argued that this Forum does not have the pecuniary jurisdiction as the aggregate value of the flat and the relief claimed is more than 20 Lac and in view of the judgement in the case of Ambrish Shukla & others Vs Ferrous Infrastructure Pvt. Ltd. (Consumer Case No. 97/2016, decided on 07/10/16) reported as Manu/CF/0499/2016.   The Ld. counsel of the complainant on the issue of Pecuniary Jurisdiction argued that the matter is at final stage and this issue cannot be raised at this belated stage therefore, the onjection of the OP is untenable and liable to be rejected.

We have given due consideration to the material placed before us and the arguments addressed along with relevant provisions of law.The admitted position is that the aggregate of the cost of flat & the relief claimed is more than the pecuniary jurisdiction(Rs. 20,00,000/-)of this Forum & hold accordingly and order return of the complaint.

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 17/09/2014

• Date of return of complaint  07/02/2018

• The name of complainant(s)

Shri Prabhjeet Singh

S/o Late Sh. Jitender Singh

R/o 5, Surya Niketan,

Anand Vihar, I.P. Extn.,

Vikas Marg, Delhi-110092.

      

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., reported as Manu/CF/0499/2016 (supra), 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 cost of the flat is more than 20 lacs and as such the aggregate value of the alleged flat and reliefs claimed exceeds the pecuniary jurisdiction of this District Forum.

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 parties to the case free of cost as statutorily required. 

Announced in open Forum on 07/02/2018. 

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