Delhi

New Delhi

CC/2015/2011

Menka Radhu - Complainant(s)

Versus

M/S. Emaar MGF Construction Pvt.Ltd. - Opp.Party(s)

03 Jan 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.2015/2011                              Dated:

In the matter of:

 

MENKA RADHU                              

.…Complainant

 

Versus

 

THE EMAAR MGF CONSTRUCTION PVT LTD.

… Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

        The OP has moved an application for dismissal of complaint on the ground of Pecuniary Jurisdiction, stating that the cost of the flat is Rs.1 Crore which exceeds Rs. 20 Lacs,  as such, this Forum does not have Pecuniary Jurisdiction to entertain this complaint, in the light of  Ambrish Kumar Shukla and Ors. Vs. Ferrous Infrastructure Pvt. Ltd., Case no. 97 of 2016, decided by Hon’ble NCDRC on 07/10/2016 reported as Manu/CF/0499/16. Perusal of the file shows that cost of the flat/plot in question and reliefs claim exceeds the pecuniary jurisdiction of this Forum, i.e. Rs. 20 Lacs. Reply of the complainant is also considered and the arguments of both the parties were heard.

In view of the above, we are of the considered opinion that this Forum does not have the Pecuniary Jurisdiction to entertain the present complaint. Accordingly, the complaint be returned to the complainant along with annexures/ documents by retaining a copy of the same for records with liberty to file the same before the competent Forum as per the Law. The particulars in the light of the judgement of Hon’ble NCDRC in the matter of Tushar Batra & Anr. Vs. M/S Unitech Limited decided on 26/04/2017, Case no.-299 of 2014 are as follows.

• Date of presentation of complaint :-    20/12/2011 
•   Date of return of complaint :-                ­­­­­__________
•   Name of complainant                        MENKA RADHU

Copy of the order be given Dasti to the parties.  File be consigned to record room.

 

Announced  in open Forum on 03/01/2019.

 

 

 (ARUN KUMAR ARYA)

                             PRESIDENT

(NIPUR CHANDNA)                                                 (H M VYAS)

                          MEMBER                                                          MEMBER