Regarding Consumer Case

[gaurav darade]

Hi
I had filed a consumer case against a builder, the value of flat is 18,00000/- eighteen lakhs
I had prayed for possession of flat and in the alternative asked for refund along with interest and compensation of Rs. 2,00,000/- two lakh.
after advancing final argument the lawyer of builder had raised the issue of pecuniary jurisdiction and challenged the maintainability of complaint.
His submission is value of flat + compensation + Interest exceeds the pecuniary jurisdiction of the district forum.
If this issued goes on builder side I have to file case at state commission.
Kindly Help Sir.

[Dr. Ashok Dhamija]

As per Section 11 of the Consumer Protection Act, 1985, while considering the pecuniary jurisdiction of the District Forum, the value of the goods or services AND the compensation, if any, claimed, have to be considered together, and the total of these two should not be more than Rs. 20 lakh.

In your case, if the value of the flat is Rs. 18 lakh and the compensation claimed is Rs. 2 lakh, then the total becomes Rs. 20 lakh. If this is only amount demanded by you, then it would be within the jurisdiction of the District Forum. But, if you demanded refund of the value of flat (Rs. 18 lakh) + INTEREST + compensation (Rs. 2 lakh), then the total becomes more than Rs. 20 lakh, where the State Consumer Forum will have the jurisdiction and not the District Forum.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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