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Gulshan Raj Kakkar &Anr filed a consumer case on 17 Jul 2019 against M/S. The Central Government Employees Welfare Housing Organization in the New Delhi Consumer Court. The case no is CC/743/2011 and the judgment uploaded on 29 Jul 2019.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,
I.P.ESTATE, NEW DELHI-110002.
Case No.CC. 743/2011 Dated:
In the matter of:
Gulshan Raj Kakkar …Complainant
Versus
Central Govt. Employees Welfare
Housing Organization … Opposite Party
ARUN KUMAR ARYA, PRESIDENT
O R D E R
The OP has moved an application for dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the cost of the flat/plot and relief claimed is exceeds Rs. 20 Lacs, as such, this Forum does not have Pecuniary Jurisdiction to entertain this complaint, in the light of Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016 reported as Manu/CF/0499/16. During the course of arguments, it is admitted that cost of the flat/plot in question and reliefs claim exceeds the pecuniary jurisdiction of this Forum, i.e. Rs. 20 Lacs.
In view of the above, we are of the considered opinion that this Forum does not have the Pecuniary Jurisdiction to entertain the present complaint. Accordingly, the complaint be returned to the complainant along with annexures/ documents by retaining a copy of the same for records with liberty to file the same before the competent Forum as per the Law. The particulars in the light of the judgement 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 2014 are as follows.
Copy of the order be given Dasti to the parties. File be consigned to record room.
Announced in open Forum on 17/07/2019.
(ARUN KUMAR ARYA)
PRESIDENT
(NIPUR CHANDNA) (H M VYAS)
MEMBER MEMBER
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