JUSTICE V.K. JAIN (ORAL)

The complainant booked a residential unit with the opposite party in a project, namely, ‘The Views’ which the OP is developing in Mohali Hills, Sector 105 of SAS Nagar, Mohali. The total sale consideration for the residential unit was agreed at Rs.4001550/-, and the complainant claims to have already paid a sum of Rs.3540355/- to the OP. Vide letter dated 12.3.2007, one residential flat in the aforesaid project was allotted to the complainant and the possession according to the complainant was to be given within 36 months from the date of allotment though a grace period of 90 days was also available to the OP. Since possession has not been delivered to her, the complainant is before this Commission seeking refund of the amount paid by her along with compensation, interest etc.

2.      In terms of section 21 of the Consumer Protection Act, this Commission has pecuniary jurisdiction to entertain the complaint where the value of the goods or services as the case may be and the compensation if any claimed in the complaint exceeds Rs.1 crore. As held by a three-Members Bench of this Commission in CC No.97 of 2016 Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., the value of the services in such case would mean the sale consideration agreed between the parties. Though the complainant has claimed compensation in the form of interest @ 18% p.a. as well as a flat compensation of Rs.25 lakhs for the mental agony caused to her, the said claim is highly inflated and exaggerated. The claim appears to have been  made only with a view to bring the matter within the pecuniary jurisdiction of this Commission, since compensation in the form of interest @ 18% p.a. if awarded by this Commission would include compensation for the mental harassment and agony. The market rate of interest at the relevant time would not be more than of 10% p.a. and  therefore, interest @ 18% p.a. represents not only the financial loss caused to the complainant but also compensation for harassment and mental agony caused on account of the possession not being delivered to her. In fact, in such cases neither this Commission nor the Hon’ble Supreme Court has awarded compensation in the form of interest at a rate higher than 18% p.a. The compensation in the form of interest @ 18% p.a. according to the learned counsel comes to Rs.4318365/-. If the aforesaid amount is added to the agreed sale consideration of Rs.4001550/-, the aggregate would be much below Rs.1 crore. This Commission, therefore, lacks pecuniary jurisdiction to entertain the complaint.

3.      For the reasons stated hereinabove, the complaint is hereby dismissed with liberty to the complainant to institute a fresh complaint before an appropriate consumer  forum, after making suitable amendments therein.