Delhi

West Delhi

CC/17/596

SUSHIL GUPTA - Complainant(s)

Versus

VINAY KUMAR - Opp.Party(s)

30 Oct 2017

ORDER

DISTRICT CONSUMER REDRESSAL FORUM-III (WEST)
C-BLOCK, COMMUNITY CENTRE,PANKHA ROAD, JANAK PURI, NEW DELHI
 
Complaint Case No. CC/17/596
 
1. SUSHIL GUPTA
3033/E,IST FLOOR,GALINO-21,RANJIT NAGAR,DELHI-08
...........Complainant(s)
Versus
1. VINAY KUMAR
B-216,3RD FLOOR,WEST PATEL NAGAR,DELHI-08
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sh. R.S.BANGRI PRESIDENT
 HON'BLE MRS. PUNEET LAMBHA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Oct 2017
Final Order / Judgement

Present :-          Shri Vaibhav Sinha advocate for complainants.

          During course of arguments on admission hearing it revealed that as per para no.3 of the complaint total sale price of the flat is Rs.23,33,333/-. Learned counsel for the complainants fairly conceded that total sale price of the flat is Rs.23,33,333/-. Therefore, this Forum has no pecuniary jurisdiction to entertain and try the complaint.                  

         Hon’ble National Commission in order dated 07.10.2016 passed in appeal no.644/2015 titled Parikshit Parashar V/S M/S Universal Build well Pvt. Ltd. and others held that for the purpose of pecuniary jurisdiction total sale price of the flat is to be seen.

                    Admittedly total sale price of the flat in dispute is Rs.23,33,333/-. Therefore, in view of law laid down by the Hon’ble National Commission in Parikshit Parashar’s case (supra) this Forum has no pecuniary jurisdiction to decide this complaint. The Hon’ble State Commission has jurisdiction to entertain and try the complaint.

                    Therefore, complaint be returned to the complainants for presentation before the Hon’ble State Commission on 27.11.2017. The complainants/counsel for complainants are directed to appear before the Hon’ble State Commission on 27.11.2017.

 
 
[HON'BLE MR. Sh. R.S.BANGRI]
PRESIDENT
 
[HON'BLE MRS. PUNEET LAMBHA]
MEMBER

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