Delhi

South II

cc/336/2012

Shri Vinay Kumar Asol - Complainant(s)

Versus

Omway Buildestate Pvt Ltd - Opp.Party(s)

12 Aug 2016

ORDER

Udyog Sadan Qutub Institutional Area New Delhi-16
Heading2
 
Complaint Case No. cc/336/2012
 
1. Shri Vinay Kumar Asol
52 Shree Niketan Appt. Vasundhara Enclae Delhi-96
...........Complainant(s)
Versus
1. Omway Buildestate Pvt Ltd
10. Local Shopping Center Kalkaji New Delhi-19
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE A.S Yadav PRESIDENT
 HON'BLE MR. JUSTICE D .R Tamta MEMBER
 HON'BLE MRS. JUSTICE Ritu Garodia MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 12 Aug 2016
Final Order / Judgement

CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

 

Case No.336/2012

 

 

SHRI VINAY KUMAR ASOL

52, SHREE NIKETAN APPT,

VASUNDHARA ENCLAE, DELHI-110096

…………. COMPLAINANT                                                                                        

 

 

VS.

 

 

M/S OMAXE BUILDHOME PVT. LTD.,

10, LOCAL SHOPPING CENTRE, KALKAJI,

NEW DELHI-110019

………….. RESPONDENT

                                                                                   

                                                           

Date of Order: 12.08.2016

 

O R D E R

 

This order shall dispose of an application moved by OP for dismissal of complaint as being beyond the pecuniary jurisdiction of this Forum.

 

It is submitted that the documents for which the complainant wants this Forum to declare the date of release pertains to the property whose selling price is more than Rs.47 lakhs.  Also the complainant wants OP to execute the lease deed in respect of this property the value of which is more than Rs.47 lakhs.  Apart from this, complainant is also claiming compensation..

 

The application is opposed by complainant on the ground that it is settled law that for determining the value of the complaint, only the relief claimed is to be seen and not the value of the property.

 

We heave Ld. Counsel for the parties and carefully perused the record.

 

It is not in dispute that the property in question is Rs.47 lakhs.  It is not in dispute that vide letter dated 12.06.12, OP has cancelled the allotment on the ground that complainant is not paying Rs.21,86,423.59 as well as interest of Rs.16,87,269/-.  The very fact that complainant is seeking relief for execution of lease deed of the property having value of Rs.47 lakhs and complainant in reply to this application also stated that he is seeking compensation of Rs.16 lakhs meaning thereby that apart from execution of lease deed of the property of Rs.Rs.47 lakhs, he is also seeking other relief amounting to Rs.16 lakhs.  The same is beyond the pecuniary jurisdiction of this Forum. 

 

Complainant is at liberty to file the complaint before the Forum of appropriate jurisdiction.  Original complaint alongwith documents be returned to complainant and the copy of the complaint be retained.  File be consigned to record room.

 

Copy of the order be sent to the OP by speed post.

 

 

 

 

 

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT

 

 

 
 
[HON'BLE MR. JUSTICE A.S Yadav]
PRESIDENT
 
[HON'BLE MR. JUSTICE D .R Tamta]
MEMBER
 
[HON'BLE MRS. JUSTICE Ritu Garodia]
MEMBER

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