Decided on August 22,2013

Urban Improvement Co (P) Ltd Respondents


BARKAT ALI ZAIDI , J. - (1.) THE complainants filed a complaint before this Commission against the OP, alleging that the complainants applied for allotment of a plot with the OP for a total consideration of Rs.1,07,072/ -, which the complainants paid to the OP and the OP in turn whereof allotted a plot No.W -23, Sector -3 Zoning Plan No.3007, comprising of an area of 450 Sq. yards in Green Field s Colony, Faridabad, in favour of the complainants.
(2.) SINCE the aforesaid consideration was paid in installments, there were some interest due on the complainants, and since the complainants did not pay it pursuant to the demands of the OP, the OP cancelled the allotment of the plot in favour of the complainants vide order dated 23.09.2003. The complainants then sent various communications to the OP to restore the plot as the complainants were prepared to pay reasonable due amount to the OP, but in vain. The complainants therefore filed a complaint before this Commission against the OP with a prayer that the OP be directed to re -allot the plot in favour of the complainants to hand over its possession to the complainants and appropriate relief and litigations costs be awarded to the complainants.
(3.) WHEN this complaint came up for hearing before this Commission for hearing on admission on 03.04.2005, this Commission found the complaint lacking at pecuniary jurisdiction to be entertainable here and returned the complaint to the complainants by passing the following order: Complainants purchased a plot for Rs.8512/ - with additional development charges and extra development charges and paid a total amount of Rs.107072/ -. He has not been handed over the possession because of non -payment of interest which is a penal interest. The complainant has nowhere spelt out as to the amount of compensation so as to invoke the pecuniary jurisdiction of this Commission. Complaint being deficient in particulars is hereby returned to the complainant with liberty to file fresh complaint before appropriate forum. The complainants did not go by the aforementioned order and filed a civil suit before Hon ble High Court of Delhi against the OP, and the Hon ble Court at the initial stage, found the suit lacking at the territorial jurisdiction and directed the Registry to return the plaint to the complainants to file it at Faridabad.;

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