Tribunals and Commissions(2000) 08 NCDRC CK 0048

MOHD.JAFAR vs SAHARA INDIA HOUSING LTD. THROUGH ITS CHIEF CONTROLLER

National Consumer Disputes Redressal Commission · Decided on 11 August 2000 · Citation: 2000 2 CPC 703 : 2000 3 CPJ 429

HON’BLE JUDGES
K.C.Bhargava , D.D.Bahuguna J.
RESULT
Complaints returned

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Judgment

5 paragraphs · 245 words
1.

THESE are complaint cases filed by aforesaid complainants against Sahara India Housing Limited.

2.

IT is not necessary to mention the details of facts of the cases arising to be simple cases for consideration and whether District Forum, Bahraich, had jurisdiction to try these complaints or not. Counsel for the opposite party has argued that the opposite party has no office at Bahraich and the money for allotment of shop was deposited in Lucknow and the shop was to be built in Lucknow.

Counsel for the complainant argues that the amount was deposited in Lucknow and the shop is also situated in Lucknow.

3.

KEEPING in view the facts of the cases the District Forum, Bahraich has no jurisdiction to entertain the complaints which were filed by the complainant before the District Forum. The District Forum in its judgment has mentioned that it has no jurisdiction to try the complaint on account of pecuniary jurisdiction.

4.

IN view of this finding the complainants have filed these cases in the State Commission as the District Forum held the pecuniary jurisdiction to Rs. 7,14,000/- whereas the allegations of the complainant show that the claim in each case is less than that of Rs. 5 lacs. In view of the facts of the case this Commission has no jurisdiction to try this matter and the same required to be filed in a proper Forum. Let copies be made available to the parties as per rules. Complaints returned.