HON’BLE MR. JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

1.      The complainant had booked a residential plot with the OP and the sale consideration was agreed at Rs.31,39,000/-.  The complainant claims to have paid Rs.27,94,500/- to the OP.  Since possession has not been delivered to her, she is before this Commission seeking possession of the plot with compensation or in the alternative refund of the amount paid by her alongwith compensation in the form of interest. 

2. As held by a three Members Bench of this Commission vide its order dated 07.10.2016 in CC No. 97 of 2016 Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., the pecuniary jurisdiction of a consumer forum in such cases is to be determined on the basis of the aggregate of the sale consideration and the compensation claimed by the complainant.  In this case, the agreed sale consideration being Rs.31,39,000/-, even if compensation in the form of interest at a reasonable rate is added to the said amount, the aggregate does not comes to more than Rs. 1 crore.  Therefore, this Commission lacks pecuniary jurisdiction to entertain the complaint. 

3.      The complaint is accordingly dismissed with liberty to the complainant to approach the concerned State Commission by way of a fresh complaint.