STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
COMPLAINT NO. 93 OF 2017
Mohammad Usman
S/o Shri Mohammad Ayub
R/o Zohra Complex, Barhalganj
District Gorakhpur, U.P.
...Complainant
Vs.
01.M/s. Earth Infrastructures Limited
Through its Directors
Having registered office at
B-100, 2nd Floor
Naraina Industrial Area, Phase-I
New Delhi 110028
- Mr. Avdhesh Goel
Director of M/s. Earth Infrastructures Ltd.
B-100, 2nd Floor
Naraina Industrial Area, Phase-I
New Delhi 110028
- Mr. Atul Gupta
Director of M/s. Earth Infrastructures Ltd.
B-100, 2nd Floor
Naraina Industrial Area, Phase-I
New Delhi 110028
- Mrs. Priyanka Ganguly
General Manager, M/s. Earth Infrastructures Ltd.
B-100, 2nd Floor
Naraina Industrial Area, Phase-I
New Delhi 110028
- Mr. Nikhil Kashyap
Assistant General Manager
M/s. Earth Infrastructures Ltd.
B-100, 2nd Floor
Naraina Industrial Area, Phase-I
New Delhi 110028
...Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Complainant : Sri Jagrit Sharma, Advocate.
For the Respondent :
Dated : 01-05-2017
ORDER
Sri Jagrit Sharma, learned Counsel for the complainant appeared.
:2:
Defect pointed out by registry has not been removed by complainant.
Heard learned Counsel for the complainant and perused complaint.
Present complaint has been filed by complainant Mohammad Usman for redressal of his grievance arising out of transaction of two flats and the total sale consideration for the two flats is Rs.1,13,41,424/-. In paragraph 8 of complaint the complainant has stated clearly that the value of the goods and compensation exceeds the pecuniary limit of rupees one crore as held in recent judgment decided by the larger bench of Hon’ble National Commission in the case of Ambrish Kumar Shukla V/s Ferrous Infrastructure Pvt. Ltd. Consumer Case No. 97 of 2016 decided on 07-10-2016.
In view of above it is apparent that the valuation of present complaint is above one crore. As such it is beyond pecuniary jurisdiction of this State Commission.
It has been contended by learned Counsel for the complainant that the complainant had originally filed this complaint before Hon’ble National Commission and in view of decision of Hon’ble National Commission rendered in the case of Ambrish Kumar Shukla V/s Ferrous Infrastructure Pvt. Ltd. (supra) he has withdrawn the complaint from National Commission with liberty to file complaint before State Commission and has filed complaint before State Commission accordingly.
Copy of order dated 06-02-2017 passed by Hon’ble National Commission in Complaint No. 93/2017 Mohammad Usman V/s M/s. Earth Infrastructures Limited and others has been annexed with the complaint. Perusal of it shows that before Hon’ble National Commission learned Counsel for complainant submitted that in view of decision of the larger bench of Hon’ble National Commission in Consumer Complaint No. 97/2016 Ambrish Kumar Shukla V/s Ferrous Infrastructure Pvt. Ltd. having regard to the cost of each of the two units and the compensation claimed in respect thereof the pecuniary jurisdiction to entertain the complaint shall lie with the State Consumer Disputes Redressal
:3:
Commission, U.P. at Lucknow and prayed for permission to withdraw the complaint with liberty to present the same before State Commission. As such Hon’ble National Commission has dismissed the complaint as not pressed with liberty as prayed by learned Counsel for the complainant.
Perusal of above order dated 06-02-2017 passed by Hon’ble National Commission shows that Hon’ble National Commission has not expressed any opinion about valuation of complaint whereas Hon’ble National Commission has clearly held in the case of Ambrish Kumar Shukla V/s Ferrous Infrastructure Pvt. Ltd. (supra) that the value of goods or services and the compensation if any claimed shall determine the pecuniary jurisdiction of the Consumer Forum and as mentioned above the basic price of two flats for which complaint has been filed is Rs.1,13,41,424/-. As such in view of said decision of Hon’ble National Commission the valuation of present complaint is beyond pecuniary jurisdiction of this State Commission and this complaint cannot be entertained by this State Commission.
In view of above present complaint is returned to the complainant with liberty to file before competent Forum or Commission in accordance with law.
Let copy of this order be made available to the complainant positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt
