Chandigarh

StateCommission

CC/828/2017

Avneet Kaur - Complainant(s)

Versus

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

Parminder Singh, Adv.

02 Feb 2018

ORDER

At the time of arguments, very serious objection has been raised by Sh. Gurdeep Singh, Senior Manager (Legal) of Opposite Parties No.1 to 3 qua pecuniary jurisdiction of this Commission to entertain this complaint. He has also moved an application with a prayer that let the complaint be dismissed for want of jurisdiction.

                   We have heard Counsel for the complainant and Sh. Gurdeep Singh, Senior Manager (Legal) of Opposite Parties No.1 to 3 on the issue raised.

                   After looking at calculation sheet (Annexure C-8), we are of the opinion that objection raised by Sh. Gurdeep Singh, Senior Manager (Legal) of Opposite Parties No.1 to 3 is justified. It is not disputed that price of the plot was fixed at Rs.54,00,472/- inclusive of EDC etc. As per calculation sheet, the complainant by now has paid an amount of Rs. 53,01,648/-, on which, he has claimed interest of Rs.63,93,014.30. If we add the abovesaid components, the total amount will cross the limit of Rs.1 crore.

                   It is stated by Counsel for the complainant that as Opposite Parties No.1 to 3 have refunded/returned an amount of Rs.36,64,802/- to the Bank (Opposite Party No.4), that needs to be excluded.

                   We are not going to accept this arguments raised by Counsel for the complainant. The said amount was paid by the Bank to Opposite Parties No.1 to 3 (Builder) towards price of the plot and when returned, the said amount needs to be paid by the complainant. If that is so, no case is made out to entertain this complaint.

                   In view of above, this complaint stands dismissed. However, liberty shall remain with the complainant to file the complaint before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi.

                   On submitting one photocopy of complete original file, Registry will return all the three files, in original, (excluding zimini orders), to the complainant, within a week from today, against proper receipt.

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