Tribunals and Commissions(1999) 05 NCDRC CK 0040

Charanjit Singh vs PUNJAB URBAN PLANNING And DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR

National Consumer Disputes Redressal Commission · Decided on 25 May 1999 · Citation: 1999 2 CPC 688 : 2000 1 CLT 164 : 2001 2 CPJ 155

HON’BLE JUDGES
A.L.Bahri , Davinder Kaur Bhamrahs J.
RESULT
Complaint returned

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Judgment

2 paragraphs · 275 words
1.

A preliminary objection was taken in the reply filed by the opposite party, PUDA regarding pecuniary jurisdiction of this Commission to entertain the complaint.

2.

WE have perused the complaint filed by Charanjit Singh against PUDA. In para 11, it is stated that price of the plot would be Rs. 6,40,000/- and in para 9 of the complaint, compensation is claimed amounting to Rs. 30,500/-. In the prayer clause, it is stated that PUDA be directed to charge price @ Rs. 1,400/- per sq. yard and damages/compensation ,be paid as claimed in para 9 of the complaint. At the rate of Rs. 1,400/- per sq. yard, the price of 200 sq. yards plot would come to Rs. 2,80,000/-. The question for consideration is as to what should be value of the consumer dispute for determining pecuniary jurisdiction of the Commission. The claim of the complainant is that he should be charged Rs. 1,400/- per sq. yard for the plot allotted and not Rs. 3,600/- per sq. yard. This would show that the dispute only relates to Rs. 2,200/- per sq. yard, which is for adjudication and the disputed value for 200 sq. yards plot @ Rs. 2,200/- per sq. yard would be Rs. 4,44,000/- and another Rs. 30,500/- is claimed in para 9 of the complaint. Total of these two items would be Rs. 4,74,500/-, which is less than Rs. five lacs and the jurisdiction to entertain such a complaint is with the District Forum concerned and not with this Commission. In this view of the matter, the complaint is ordered to be returned to be filed before the appropriate District Forum. Complaint returned.