ORDER ON Ex-1

( Passed this on 30^th  December, 2017)

Shri Shekhar P. Muley, President

01.    This is complaint is filed against the Opposite Parties for their failure to execute sale deed of the apartment and deliver its possession.

02.    The complainant entered into a agreement with the Opposite Parties to purchase an apartment in the building being constructed by the Opposite Parties, for total consideration of Rs. 17,52,000/-. The Opposite Parties even after receiving agreed amount, failed to execute sale deed and deliver possession of the apartment to the complainant.Hence he has filed this complaint. His prayers besides seeking sale deed and possession, is also for getting compensation of Rs. 1,50,000/- and Rs. 1,92,000/- and     Rs. 8000/- p.m. with 12% interest till possession is handed over.

          Section 11 of the Consumer Protection Act provides that the District Forum shall have jurisdiction to entertain complaints where the value of the goods or service and the compensation, if any, claimed does not exceed Rs. Twenty lakhs. From the relief’s, it is clear the total valuation of the complaint is more than Rs. 20 lakh. The issue of pecuniary jurisdiction has been recently decided  by the larger Bench of Hon´ble National Commission in Ambrish Kumar Shukla v/s Ferrous Infrastructure Pvt. Ltd,  Consumer Case No. 97/2016 decided on 7/10/2016 (NC). In that judgment it is held that in cases where even the part deficiency is to be removed, the full value of the subject matter, whether goods or service will be taken as the value of goods and services for deciding the pecuniary jurisdiction. Since the complainant has prayed for sale deed and possession of the flat along with compensation, total value  of  the  flat  will  have  to be  taken into consideration,

which comes to more than Rs. 20 lakh. Therefore in this view of the matter, the complaint is beyond the pecuniary jurisdiction of the forum and therefore cannot be filed in the forum. The complainant may approach competent authority to file the complaint.

          Hence, the complaint is dismissed for want of pecuniary jurisdiction. The complainant may institute the complaint before appropriate authority.

          Order accordingly.