Delhi

New Delhi

CC/342/2016

Rameshwari Devi - Complainant(s)

Versus

Parsvnath Developers Ltd. - Opp.Party(s)

12 Jan 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110002

 

Case No.CC/342/16                                  Dated:

In the matter of:

MRS. RAMESHWARI DEVI,

RZ-B/90, DABRI EXTN (EAST),

P.O PALAM,

NEW DELHI-110045.

 

 

              ……..COMPLAINANT

    

VERSUS

  

            PARSAVNATH DEVELOPERS LIMITED,

            6^TH FLOOR, ARUNACHAL BUILDING,

            19, BARAKHAMBA ROAD,

            NEW DELHI-110001.

 

 

 

………. OPPOSITE PARTIES

 

 

 

 

 

 

MEMBER: H M VYAS

ORDER 

          The Hon’ble State Commission vide order dated 15.11.2016 has passed the following orders:

“Perusal of order dated 28/9/16 of Ld. District Forum shows that the complaint filed is beyond the pecuniary jurisdiction of the said forum and as such the file has been sent to the Registrar of this Commission for its withdrawal from the forum.

We have gone through the aforesaid order.  The order passed is not in consance with law.

The Ld. Distirct Forum ought to have allowed the complainant to withdraw the complaint from the said forum with liberty be to file it before the appropriate forum in accordance with law.

The file is, therefore, sent back to the Ld.District Forum for passing appropriate order in the matter.

Parties to appear before the Ld. District Forum on 22/12/2016.”

         

          Initially vide orders dated 28.09.2016, this forum noticed that the claimed amount in the complaint exceeds the pecuniary jurisdiction of this Forum and the Hon’ble State Commission was requested to withdraw this complaint from this Forum. The Hon’ble State Commission has observed that the Forum ought to have allowed the complainant to withdraw the complaint with liberty to file it before appropriate Forum in accordance with law.

         

In view of the above observations of the Hon’ble State Commission, office is directed to return to the complainant complete case file with all annexures, against acknowledgement and a copy be kept in records. The complainant is granted the liberty to file it before appropriate Forum having jurisdiction in accordance with law. The office is directed to comply the orders.

 

    Copy of this order be sent to the complainant free of cost by post. This order be also uploaded on the server (www.confonet.nic.in ).                 File be consigned to record room.       

             

 Pronounced in open Forum on 12/01/2017

 

 

(S K SARVARIA)

PRESIDENT

 

(H M VYAS)                                               (NIPUR CHANDNA)

                                                          MEMBER                                                             MEMBER