LAWS(PUNCDRC)-2009-10-9

BHUPINDER SINGH Vs. SHIVALIK INFRASTRUCTURE DEVELOPERS PVT.LTD.

Decided On October 30, 2009
BHUPINDER SINGH Appellant
V/S
Shivalik Infrastructure Developers Pvt.Ltd. Respondents

JUDGEMENT

(1.) THE appellant had filed a complaint against the respondents for claiming certain reliefs which were valued at Rs.15,4l,190. The said complaint was considered by the learned District Consumer Disputes Redressal Forum, SAS Nagar (Mohali) (in short œthe District Forum ). It was dismissed in limine vide impugned order dated 10.9.2009 on the plea that the value of the relief sought by the appellant for the purpose of jurisdiction was Rs. 43,41,190. Therefore, it was beyond the pecuniary jurisdiction of the District Forum.

(2.) HENCE , the appeal.

(3.) THE submission of the learned counsel for the appellant was that the appellant had claimed compensation from the respondents for not handing over the possession of the plot in time i.e. in terms of the agreement/allotment letter and that the relief was assessed by him at Rs.15,41,190. Therefore, the learned District Forum was not justified in dismissing the complaint on the ground that the relief sought was beyond the pecuniary jurisdiction of the District Forum. Reliance was placed on the judgment of the Honble National Commission reported as Amardeep Singh Hira & Ors. v. Chandigarh Administration & Ors. and the judgment of this Commission reported as Charanjit Singh v. Punjab Urban Planning & Development Authority and another.