OMAXE LIMITED & ANR Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 5.8.2015 passed by the learned H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Misc. Application No. 189/2015 Rajinder Kumar Vs. M/s. Omaxe Ltd. & Anr. by which, while accepting application, order of District Forum was set aside.

(2.) Brief facts of the case are that complainant/respondent purchased flat from OP/appellant. Complainant alleged construction being defective and submitted that he incurred expenditure on removing defects and filed complaint before District Forum for obtaining Rs.2,00,000/- with interest along with Rs.15,00,000/- as compensation for harassment and mental torture. Learned Counsel for complainant withdrew complaint from District Forum on the ground that relief claimed was beyond pecuniary jurisdiction of District forum with permission to file complaint before learned State Commission. Complainant filed Misc. application before learned State Commission for entertaining complaint withdrawn from District Forum, but Registry of learned State Commission refused to entertain application and asked complainant to file fresh complaint before learned State Commission. Later on, complainant filed another application for deciding this objection and learned State Commission after hearing both the parties while allowing application, set aside order of District forum for returning complaint and directed that the complaint be sent to the learned District forum for adjudicating in accordance with law against which, this appeal has been filed.

(3.) Heard learned Counsel for the appellant and perused record.