Chandigarh

StateCommission

CC/772/2016

Rishi Malhotra - Complainant(s)

Versus

M/s Emaar MGF Land Limited - Opp.Party(s)

Jitender Malik,Adv.

15 May 2017

ORDER

                    In this complaint, following relief has been sought by the complainant:-

“i. Direct the respondents to handover the possession of Unit No.CPM-12-A2-F0112 at Central Plaza, Mohali Hills, Sector 105, Mohali to the complainant forthwith; and

 

ii. direct the Respondents to pay an amount of Rs.47,26,400/- in view of above said clause 24.1 of the Agreement in question of compensation, at Rs.50/- (Rupees fifty only) per sq. ft. per month of the Super Area since 02.06.2011 till the date of handing over the possession of the said unit. The compensation amount, if it is calculated till dae, comes to Rs.50 x 1477 (Super Ara in Square Feet) x 64 (total months upto 02.10.2016) i.e. Rs.47,26,400/- (Forty Seven Lacs Twenty Six Thousand and Four Hundred only); and

 

iii. direct the Respondents to pay a sum of Rs.10,00,000/- towards the amended agony suffered by the Complainants;”

 

                Admittedly, the price of the unit, in question, is more than Rs.71 Lacs. If we add amount of relief claimed in Clauses (ii) & (iii), the total amount claimed exceeds Rs.One Crore.

                In view of above, as per ratio of judgment passed by Hon'ble National Consumer Disputes Redressal Commission, New Delhi in the case of AMBRISH KUMAR SHUKLA & 21 ORS. Vs. FERROUS INFRASTRUCTURE PVT. LTD., Consumer Case No.97 of 2016, decided on 07.10.2016, this Commission has no pecuniary jurisdiction to try this complaint.

                Accordingly, the complaint stands disposed of.

                Liberty shall remain with the complainant to file it (complaint) before proper Commission.

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