Chandigarh

StateCommission

CC/450/2017

Nargis Gurdial Singh - Complainant(s)

Versus

Emaar MGF Land Limited - Opp.Party(s)

Arjun Sheoran & Neha Sonawane

02 Nov 2017

ORDER

ORDER

 

                  

                     It transpires that price of the unit, in question, as per Payment Plan (at page No.70 of the file) is Rs.38,76,714/-. The complainant is seeking refund of Rs.36,72,842.29 alongwith interest @ 18% p.a., Rs.20 lacs as compensation for delay in handing over of possession, compensation @Rs.10/- per sq. feet of saleable area as per Buyer’s Agreement alongwith interest @24% and interim monthly compensation of Rs.10/- per sq. ft. of saleable area alongwith interest @24%,, sum total of which exceeds Rs.1 crore. In view of ratio of judgment of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in the cases of AMBRISH KUMAR SHUKLA & 21 ORS. Vs. FERROUS INFRASTRUCTURE PVT. LTD., Consumer Case No.97 of 2016, decided on 07.10.2016 & M/s OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED & ORS. Vs. LALITHA SAINI, First Appeal No.1364 of 2017, decided on 21.08.2017, the complaint does not fall within the pecuniary jurisdiction of this Commission. Faced with this situation, proxy Counsel for the complainant, on getting instructions from the main Counsel, wishes to withdraw this complaint with liberty to file it before the appropriate/competent Fora.

                   Liberty granted.

                   Accordingly, this complaint is dismissed as withdrawn.

                   Certified copies of the order be sent to the parties free of charge.

 

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