NCDRC

NCDRC

FA/592/2013

BRIJESH SINGH - Complainant(s)

Versus

UNITECH LTD. & 4 ORS. - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

11 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 592 OF 2013
 
(Against the Order dated 19/06/2013 in Complaint No. 2/2012 of the State Commission Chandigarh)
1. BRIJESH SINGH
S/O. SHRI L.R. SINGH, R/O. HOUSE NO. 2178, 2ND FLOOR, SECTOR-44-C,
CHANDIGARH
PUNJAB
...........Appellant(s)
Versus 
1. UNITECH LTD. & 4 ORS.
(REAL ESTATE DIVISION-MARKETING), CO. LTD., RGRD. OFFICE AT: GROUND FLOOR, SIGNATURE TOWER, SOUTH CITY-1, NH-8, GURGAON,
HARYANA
PUNJAB
2. VIKRAM DATTA-VICE PRESIDENT SALES AND MARKETING UNITEC LTD.
GROUND FLOOR, SIGNATURE TOWER, SOUTH CITY-1, NH-8, GURGAON
HARYANA
3. UNITECH LIMITED
COMPANY HAVING ITS REGISTERED OFFICE AT: SCO NO. 189-91, FIRST FLOOR, SECTOR-17-C,
CHANDIGARH-U-T
4. HOUSING DEVELOPMENT FINANCE CORPORATION LTD.,
COMPANY HAVING ITS REGISTERED OFFICE AT: SCO 153-155, SECTOR-8-C, MADHYA MARG,
CHANDIGARH
U.T
5. AKHIL BHANOT
C/O. MEGA MARKETING, SCO NO. 73, 1ST FLOOR, SECTOR-46/C,
CHANDIGARH
U.T.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr. Manish Srivastava, Advocate &
Mr. Abhinav Hansarin, Advocate
For the Respondent :NEMO

Dated : 11 Sep 2013
ORDER

Delay of 26 days in filing the appeal is condoned.

            Appellant/complainant filed complaint before the State Commission.  State Commission dismissed the complaint for want of ‘total pecuniary

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jurisdiction’ as the total amount claimed was more than Rs.1 Crore.  As per Section 17 (1) of Consumer Protection Act, 1986 the complaint could be filed before the National Commission if the total amount claimed was more than Rs.1 Crore.  We do not find any infirmity in the order passed by the State Commission.  Dismissed.

            However, on a prayer made by counsel for the appellant, we permit the appellant to file a fresh complaint before this Commission. 

            In case, the complaint is filed within four weeks from today, the same be entertained without any objection to limitation.

           

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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