Karnataka

Bangalore 4th Additional

CC/11/1366

Mr. C.M. Bhargava Aged about 72 Years S/o. Mr. K.N. Bhargava - Complainant(s)

Versus

M/s. Prestige Estates Projects Pvt Ltd A Company Incorporated under the Companies Act 1956 - Opp.Party(s)

Inperson

01 Aug 2011

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/11/1366
 
1. Mr. C.M. Bhargava Aged about 72 Years S/o. Mr. K.N. Bhargava
Residing at C/o. Nikita Bhargav 332, Shine on Block 3, Rahat Bagh, C.V. Raman Nagar, Bangalore -560093.
Bangalore
Karnataka
...........Complainant(s)
Versus
1. M/s. Prestige Estates Projects Pvt Ltd A Company Incorporated under the Companies Act 1956
Having its Registered Office at "Falcon House" No.1 Main Guard Cross Road, Bangalore -560001.
Bangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Sri D.Krishnappa PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

Heard the complainant who is in person.   He has filed this complaint against the Op for the relief directing the Op to pay him Rs.5,56,241/- with interest @ 7% p.a then future interest at the same rate and damages of Rs.81,768/- and another damages of Rs.50,000/- towards mental agony and submits that Op had entered into an agreement with him for selling a flat in the year 2005 agreeing to deliver possession within 36 months with a grace period of 3 months from 01/07/2005 but has failed to deliver possession and thereby attributing deficiency in the service of the Op has come up with this complaint.   But the complainant has not asked for substantial relief for a direction to the Op to deliver him possession of the flat as agreed under the agreement which should have been the main relief.   Even if the complainant ask for delivery of the possession but the value of the flat agreed to be purchased admittedly is Rs.27.00 lakhs which is beyond the pecuniary jurisdiction of this forum.    Therefore, this forum cannot entertain the same thus is to be dismissed at the stage of admission with liberty to the complainant to ask for substantial relief for delivery of the possession of the flat and other ancillary reliefs and may present it before the competent authority or appropriate forum.

 

 

 

 
 
[HONORABLE Sri D.Krishnappa]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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