Rajasthan

StateCommission

A/129/2017

Sahara Prime City Limited Through Manager - Complainant(s)

Versus

Megha Jain d/o J.K. Jain - Opp.Party(s)

Mahendar Prasad Khendelwal

03 Oct 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 130/2017

 

Sahara Prime City Ltd. through Manager, Sahara India Centre, 2 Kapoothala Complex, Aliganj, Lucknow & ors.

Vs.

Varsha Jain d/o Sh.J.K.Jain r/o 4-A-6 Talwandi, Main road, Kota.

 

FIRST APPEAL NO: 1630/2016

 

Varsha Jain d/o Sh.J.K.Jain r/o 4-A-6 Talwandi, Main road, Kota.

Vs.

Sahara Prime City Ltd. through Manager, Sahara India Centre, 2 Kapoothala Complex, Aliganj, Lucknow & ors.

 

FIRST APPEAL NO: 129/2017

 

Sahara Prime City Ltd. through Manager, Sahara India Centre, 2 Kapoothala Complex, Aliganj, Lucknow & ors.

Vs.

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Megha Jain d/o Sh.J.K.Jain r/o 4-A-6 Talwandi, Main road, Kota.

 

FIRST APPEAL NO: 1629/2016

 

Megha Jain d/o Sh.J.K.Jain r/o 4-A-6 Talwandi, Main road, Kota.

Vs.

Sahara Prime City Ltd. through Manager, Sahara India Centre, 2 Kapoothala Complex, Aliganj, Lucknow & ors.

 

 

Date of Order 3.10.2017

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr.Hemant Sharma counsel for the complainants Varsha & Megha Jain

Mr. Mahendra Prasad Khandelwal counsel for Sahara Prime City

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

All these appeals are preferred against similar orders hence, are decided by this common order. Facts are taken from Complaint Case No. 375/2015.

 

Facts of the case are not in dispute that consumer Varsha Jain booked a flat with the Sahara Prime City and possession of the property was to be handed over in 38 months and the contention of the consumer was that on time possession of the property was not handed over to the consumer and the Forum below has ordered to hand over the possession of the property alongwith compensation.

 

The builder has preferred the appeal against the impugned order and consumer has also preferred the appeal for enhancement of compensation.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

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The primary objection of the builder is that cost of the flat is more than Rs. 20 lakhs which is evident from the agreement between the parties hence, claim was not maintainable before the Forum below as it exceed the pecuniary jurisdiction of the Consumer Forum. The contention of the consumer is that the reliefs which she has claimed is only for possession of the property hence, it is within jurisdiction of the Forum below.

 

There is no dispute about the fact that the value of the flat in question is more than Rs. 20 lakhs and in view of sec.11 (1) of the C.P.Act the District Forum could entertain the complaints where the value of the goods does not exceed Rs. 20 lakhs. Here in the present case the complainant has asked for the relief of possession of the property and so also compensation. Hence, it is more than evident that the claim exceed pecuniary jurisdiction of the Consumer Forum.

 

Hence, the appeals filed by Sahara Prime City are allowed and the order of the Forum below dated 28.11.2016 is set aside but in view of the facts that both parties had entered

 

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into pleadings and evidence it is appropriate to return the complaint to present it before the appropriate Forum. The appeals filed by the consumers stand disposed of accordingly.

 

(Nisha Gupta)

President

 

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