Consumer Court
S.D. Singh
(Querist) 10 June 2017
This query is : Resolved
I filed a case against builder in district forum for not giving possession within due time. Cost of the flat was 34 lacs. I paid rs. 17 lacs. Terms were payment of interest @ 15% on amount deposited till possession. After 2 years neither he paid agreed interest, nor started construction. When we asked for interest and possession, he demanded balance rs. 17 lacs otherwise to cancel the allotment. Besides filing of FIR by me, I also filed consumer case in district forum. The relief sought were 1. To order to builder to provide possession at earliest. 2. To order to builder to pay agreed interest , 3. To pay compensation of rs. 20 lacs. My query is whether my case falls within the jurisdiction of district forum, which had jurisdiction upto 20 lacs only. And if not, whether I should request court to transfer my case to state commission. Is it advisable. Please help experts.
Dr J C Vashista
(Expert) 11 June 2017
Since your monetary claim (compensation for delayed possession) is less than Rs. 20 lakh it is within pecuniary jurisdiction of District Consumer Disputes Redressal Forum.
Azhagananth
(Expert) 11 June 2017
Consumer complaint can be filed in any of the following courts:
District Consumer Disputes Redressal Forum (DCDRF)
State Consumer Disputes Redressal Commission (SCDRC)
National Conumer Disputes Redressal Commission (NCDRC)
The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.
If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF
If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC
If amount is Rs. 1 Crore and above, case is filed at NCDRC
The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
The case can also be filed in the city / state where the cause of action has occurred.
krishna mohan
(Expert) 12 June 2017
Compensation plus interest will exceed the limit of Rs.20 lakhs. Hence if you are representing in person try review the claim or discuss with your counsel to avoid the opposite party raising the issue on jurisdiction. If your CC is numbered and accepted then you need not worry.
If you want to claim the value reported, better would be to file before State Forum.
S.D. Singh
(Querist) 13 June 2017
O.p. has raised the point of jurisdiction in w.s. should we request the court transfer the file to state forum . Or what is right way in the circumstances.
