The present Complaint case has been filed by Ms. Amber Hasan, seeking the following reliefs: - The Opposite Party may kindly be directed to register the Flat booking Agreement pursuant to the allotment agreement dated 18.12.2015 executed between the parties.
- The Opposite Party may kindly b directed to deliver peaceful and vacant possession of Dwelling Unit No. R203NEAST3201 / Flat # 3201, Tower Block – A / NOVA East, Project Super Nova, lying, being and situated at Plot No. 3, Sector – 94, Noida – 201301, admeasuring 2040 sq. ft., on payment of balance consideration deed in respect of the same in accordance with law.
- The Complainant may kindly be awarded liquidated damages in terms of the rate per sq. ft. as stipulated in the Allotment Agreement between the parties and provided for in table contained at Paragraph No. 13 of the Complaint, as on date of passing the final judgment and order.
- The Complainant may kindly be awarded an interest on the principal amount paid to the O.P., i.e. Rs.1,14,34,893/- @ 18% p.a. from the date when liquidated damages became payable, till the date of actual delivery of possession of the dwelling unit to the Complainant.
- The Complainant may kindly be awarded compensation to the tune of Rs.10,00,000/- on account of mental harassment and trauma caused by the illegal actions/inactions of the O.P.
- The Complainant may kindly be awarded the costs of the present proceedings in favour of the Complainant.
- The Hon’ble Commission may kindly pass any other just and reasonable orders to meet the ends of justice and equity.
In Paragraph No. 2 of the Complaint, it has been stated that the Complainant has paid an amount of Rs.1,14,34,893/- and an amount of Rs.70,93,362/- is still pending as the same was to become payable only after an “offer for possession” was issued in favour of the Complainant. Under Section 58 (1)(a) of the Consumer Protection Act, 2019, this Commission has the jurisdiction to entertain the Complaints where the value of goods and services paid as consideration exceeds to Rs.2 crores. The emphasis is on the word consideration paid and not the consideration of the flat that is the value of the goods. Admittedly, in the present case, the Complainant Ms. Amber Hasan has paid only a sum of Rs.1,14,34,893/-, therefore it being below Rs.2 crores, this Commission does not have the pecuniary jurisdiction to entertain the present case. The Complaint case is dismissed on the ground of not having the pecuniary jurisdiction, leaving it open to the Complainant to approach the appropriate forum in accordance with law. The office is directed to register this case as defective Consumer Complaint. |
