Haryana

Panchkula

CC/303/2016

Lt.Col Rahul Dev Singh - Complainant(s)

Versus

Army Welfare Housing Organization & Another - Opp.Party(s)

NEETI GUPTA

09 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                             

Consumer Complaint No	:	303 of 2016
Date of Institution	:	08.11.2016
Date of Decision	:	09.11.2016

 

Ltd. Col. Rahul Dev Singh son of Sh.Rajeshwar Singh, now R/o J-402, Army Welfare Housing Organization, Sector 27, Panchkula.

                                                                                          ….Complainant

Versus

1.       Army Welfare Housing Organization through its Managing Director, Kashmir House, Rajaji Marg, New Delhi-110001.

2.       The Project Manager, Army Welfare Housing Organization, Sector-27, Panchkula.

                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                            

For the Parties:     Ms.Neeti Gupta, Adv., for the complainant.

 

ORDER

(Dharam Pal, President)

1. Today the case was fixed for consideration on the admissibility of the complaint.
2. The complainant has filed the present complaint u/s 12 of the Consumer Protection Act, 1986 against the Ops with the prayer that to pay interest @ 18% per annum on the amount deposited by the complainant from the respective date of deposit till realization. To pay Rs.1,00,000/- as compensation to the complainant for mental harassment and delay. To pay Rs.50,000/- for damages. To pay Rs.11,000/- as cost of litigation.
3. The complainant has booked a residential flat No.J-402 with the Ops and sale consideration was agreed to Rs.29,75,000/- (Annexure C-3). The grievance of the complainant is that the possession has been delivered to the complainant after lapsing 9 years from the original booking thereby causing huge financial loss to the complainant. The complainant before this Forum seeking compensation of Rs.1,00,000/-, Rs.50,000 and Rs.11,000/- alongwith interest @ 18% per annum on the deposited amount.
4. As held by a three Members Bench of the Hon’ble National Commission, New Delhi vide its order dated 07.10.2016 in C.C. No.97 of 2016 titled as Ambrish Kumar Shukla & 21 Ors. Vs. Ferrous Infrastructure Pvt. Ltd., the pecuniary jurisdiction of the Forum in such cases is to be determined on the consideration paid or agreed to be paid by the consumer at the time of purchasing the goods or hiring or availing of the services, as the case may be, is to be considered, alongwith the compensation, if any, claimed and the interest was also to be taken into account. In this case, the agreed sale consideration being Rs.29,75,000/- and compensation of Rs.1,00,000/-, Rs.50,000 and Rs.11,000/-, even if compensation in the form of interest at a reasonable rate is added to the said amount, the aggregate comes to more than Rs.20,00,000/-. Therefore, this Forum has no pecuniary jurisdiction to entertain the complaint.
5. Hence, in view of the above mentioned judgment of the Hon’ble National Commission, New Delhi, the complaint is accordingly dismissed in limini with liberty to the complainant to approach the competent authority.
6. A copy of this order be sent to the complainant free of costs and file be consigned to the record room after due compliance.

Announced

09.11.2016                       ANITA KAPOOR                DHARAM PAL

                                        MEMBER                             PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                                     DHARAM PAL

                                                          PRESIDENT