ORDER NO. 16 DT. 13.9.12

MR. S.COARI, MEMBER

MA-182/2012

          The record is placed today for passing necessary orders in respect of Misc. Application No. MA-182/2012 wherein the Misc. Applicants/OP Nos. 1 to 11 have prayed for passing necessary orders with a direction upon the complainants to take return of the petition of complaint for filing the same before an appropriate forum as this State Commission does not have the requisite pecuniary jurisdiction to try and adjudicate the present complaint case. 

          The main contention of the Misc. Applicants, in brief, is that from the materials on record it has become quite evident that the total valuation of the flats in question clearly exceeds Rs. 1.00 crore and as per observation of the Hon’ble National Commission in a decision reported in 1996 (2) CPR 26, wherein the Hon’ble National Commission has held, “Total value of the goods and/or services as well as that of Compensation would determine the pecuniary limit of Jurisdiction of Consumer Fora”.  According to the Misc. Applicants, in this case admittedly the total valuation of the flats in question having already exceeded Rs. 1.00 crore there is no scope on the part of this Commission to entertain and try the present petition of complaint, which should be returned to the complainant for filing the same before an appropriate forum and hence, the Misc. Application.

          At the time of hearing it has been submitted on behalf of the Complainants/ Ops in the Misc. Application, that principles of valuation of a particular complaint case purely depends upon the desire of the complainants and there is no scope to intervene into the special privilege the law has conferred upon the complainants in this regard.  According to the Ld. Advocate for the complainants, in this case it is the privilege of the complainants to assess and fix the valuation according to the desire and will of the complainants and if that be the position, there is no scope to take any alternative view and considering the present matter in the light of above notions the valuation of the complaint case is very much within the jurisdiction of this Commission and the Misc. Application having no merit should be dismissed in limini. 

          We have duly considered the submissions so put forward on behalf of the Complainants, Ops in the present Misc. Application, and have also considered the materials on record including the Misc. Application and find much substance put forward on behalf of the Misc. Applicants, according to whom, when from the face of the record the valuation of the flats in question clearly exceeds Rs. 1.00 crore, there should not be any iota of doubt that this Commission has got no jurisdiction to try and adjudicate the real controversy between the parties, which has been put up by the complainants by filing the present petition of complaint.  The decision of the Hon’ble National Commission, as cited on behalf of the Misc. Applicants, is quite appropriate for the purpose of this case and having considered the present Misc. Application in the light of above discussions we have got no hesitation to hold that the valuation of the present complaint case clearly exceeds Rs. 1.00 crore and under such circumstances, there is no scope on the part of this Commission to try and adjudicate the present complaint case and the Misc. Application should be allowed.

          Hence, it is ORDERED that the Misc. Application stands allowed on contest but without any order as to cost.  The valuation of the flats in question having exceeded Rs. 1.00 crore this Commission has got no pecuniary jurisdiction to entertain and try the present complaint case.  The petition of complaint stands dismissed for want of pecuniary jurisdiction.  The Misc. Application No. 182/2012 stands disposed of.