advise on jurisdiction of district consumer court
I had booked a property (plot) in JP sport city ion Yamuna Expressway, Builder was supposed to complete the project by 01.02.2012 but without completing boundary wall, office, parks, gate ,club etc, builder demanded amount due on possession which i paid to avoid penal interest and asked the builder to complete the balance work but instead they stated project is complete and club will be constructed when adequate occupancy is there. Builder has charged Rs 1 lac club membership and one year advance subscription also. Builder has also charged one advance maintenance (Rs 36500/-)and IFMS Rs 92000/- . I lodged a case in 2013 for compensation for delay in district consumer court for claim of Rs 8.86 lac due to delay in possession. Builder(respondent) /complainant reply and counter reply have been filed and arguments held. Judge was about to give order but he got transferred to some tribunal. Now after four years of the case in District Consumer court (DCC), the builders lawyer has argued before the new Judge that property cost is more than Rs 20 lacs, therefore it is not in the jurisdiction of DCC. The Judge has asked me to submit ruling by 03.08.2017 that the case should be within DCC jurisdiction. Case was admitted in DCC in 2013 and Builder never raised this issue earlier. Now after 4 years , this is very disappointing. My claim is less than 20 lacs also. Seek advice for how to proceed in DCC on 03.08.2017. kindly help
Ashok Kumar
9650991400 more
Ashok Kumar
9650991400 more
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The recent judgement of the National Commission verdict that reg. the Property matters i.e. flat /p;ot etc the Basic value of the property also to be taken in the complaint and the Ld. advocate is taking the shelter of the same. BUT your grievance is of "club membership and one year advance subscription" i.e. the services to be provided by the Builder / developer and not related (Directly) with the Dwelling premises. You may find several SC judgments to the effect of Jurisdictions of Dist/State forum / commission. Over and above if verdict against you, you can appeal to state commission, It it is in Maharashtra we can help you more
Jul 15
The recent Judgement of National forum is for the Premises price to be added in the Total Value and That is why the Lawyer of the OP is challenging the and arguing. Nevertheless, your grievance is for the "club membership and one year advance subscription" which is as per the Agreement. There are several SC judgments to the effect stating that the Compensation/remedies sought should prevail. Your compensation demanded does not exceed more than Rs. 20 Lacs . Furthermore there is defective and deficiencies in the services of the service provider. Last but not the least, at the time of filing the complaint prevailing rules were not prevailing. All these and related point to be placed before the Forum in WRITING. In case of adverse ruling you are having valid ground to appeal before State Consumer Commission. Good case to contest. Should you have jurisdiction in Maharashtra we can assist you. more
Jul 14
The jurisdiction of the forum is based on the value of the disputes and the relief being sought and not on the value of property. Since you have stated value of the dispute to be Rs. 8 lakhs or so it should lie with the District Consumer Forum. The service provider can no way get transfer of the case. It is the only the right of the consumer. more
Jul 11
Yes, S K Virmani (S K Virmani (citizen empowerment))is right. The jurisdiction of the forum is based on the value of the RELIEF CLAIMED and the relief being sought and not on the value of the property. more
Jul 11
AS PER SEC 11 OF THE COPRA-1986 YOUR CASE BEING LESS THAN 20 LAKHS FALLS WITHIN THE JURISDICTION OF DISTRICT FORUM more
Jul 11
The claimed amount is the limit. Hence it is within limits. The objection now raised after 4 years is time barred. Even if it is a correct argument by saying the entire property value, the objection is waived by their participation at District Forum and filed all the arguments. Hence your case is maintainable more
Jul 10
Thanks a lot sir for your guidance and help. I wish to say that Value of property is Rs 30 Lacs. I have not taken possession as it is not complete in all respect. Builder is cheating by charging full payment (100%) but property is not at all habitable.In my complaint to DCC, I have prayed for compansation for delay till completion /possession. So my amount is Rs 8.86 lacs considering interest @18% from due date of possession till date of filing of case in DCC and with request to direct the builder to pay same @18%till actual date of possession/completion.
Honorable Judge has directed me to show ruling for considering the complaint under DCC. Please help with some ruling if possible.
regards. more
Honorable Judge has directed me to show ruling for considering the complaint under DCC. Please help with some ruling if possible.
regards. more
Jul 11
