ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
C/37/2022
Sandhya Singh V/s Omaxe Limited and another
AND
M/462/2023
Sandhya Singh V/s Omaxe Limited
06-11-2023
HON’BLE MR. JUSTICE ASHOK KUMAR , PRESIDENT
ORDER
In the instant complaint a Misc. Application No. 462/2023 has been filed by the learned Counsel for the complainant with the following prayer:-
“It is, therefore, most respectfully prayed that this Hon’ble Commission may kindly be pleased to allow the aforesaid application of the complainant to withdraw the complaint no. CC.37/2022 (wrongly mentioned as CC.37/2023) or may pass such other and further order which this Hon’ble Commission may deem fit and proper in the interest of justice.”
Heard Miss. Jagriti Vashistha holding brief of Smt. Surangama Sharma, Counsel for the complainant.
I have perused the record and the judgment of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi passed in First Appeal No. 254/2023, Omaxe Limited V/s Sandhya Singh by which vide order dated 27- 09-2023 the Hon’ble National Consumer Disputes Redressal Commission, New Delhi has held that since the consideration paid by the complainant is Rs.34,56,529/-, out of total consideration of Rs.44,73,750/- which does not exceed Rs.50,00,000/-, therefore, the pecuniary jurisdiction to entertain the complaint is with the learned District Consumer Commission and not by this Court.
Accordingly the Complaint Case No. 37/2022, Sandhya Singh V/s Omaxe Limited and another is dismissed as not pressed in view of the above submissions.
Accordingly the Misc. Case No. 462/2023 is disposed of.
Let original copy of this order be placed in the record of Complaint Case No. 37/2022 with its copy to be laid on the Misc. Case No. 462/2023.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( Justice Ashok Kumar )
President
