KENT ENTERPRISES Vs. BNG REALTORS

JUDGEMENT

(1.) MR . Ashok Trivedi, Advocate for the O.P. However, written statement of O.P. is not filed although duly served.

(2.) ON perusal of the complaint, we noticed that the subject matter of valuation of the claim of this complaint is to the extent of Rs. 3,50,000/ - (refer Schedule - A of the complaint). Vide Schedule -A, Point Nos. 2, 3 and 4 of the complaint, complainant has claimed interest on the said amount as also compensation and cost.

(3.) IN view of two judgments of the National Commission in the cases of Shahbad Co -operative Sugar Mills v. National Insurance Co. Ltd. and Ors., 2003 2 CPJ 81 (CP) (NCDRC) and in the case of Vijay Shankar v. Mandeep Singh and Ors., 2003 2 CPJ 170(NC) and as recently held by us in the group of complaints being Complaint Nos. 233, 234 and 235/2003 in the case of Mr. Ramesh Unhavane and Ors. v. M/s. Rapid Developers and Ors., decided on 20th November 2003, the benefits claimed either by way of interest or compensation not to be added for the purpose of determination of the valuation of the subject matter of the complaint for the purpose of pecuniary jurisdiction.