AMAR NATH VERMA Vs. UNITECH LIMITED

JUDGEMENT

(1.) The main question pivots around the question, "whether this Commission has got pecuniary jurisdiction to entertain this case"

(2.) Shri Amar Nath Varma, the complainant in this case got allotted an Apartment with M/s Unitech Limited-the OP. There was a delay in giving the flat. The complainant paid a sum of Rs.52,47,900/-. He filed the complaint before this Commission on 18.12.2015 with the prayer that he be refunded a sum of Rs.58,31,381/- alongwith interest @18%, which comes to Rs.52,47,900/-, the total amount comes to Rs.1,15,79,281/-.

(3.) We have heard the counsel for the complainant at the time of admission of this case. Counsel for the complainant has cited an authority of this Commission reported in "Unitech Limited Versus Swarn Talwar & Ors.", Civil Appeal Diary No. 35562 of 2015, wherein the order of this Commission was upheld. The said authority is not applicable to this case. The Hon'ble Supreme Court in the case of Ganesh Polytechs Ltd. Vs. Transport Corporation of India, 2000 10 SCC 418, has already held that at the fag-end of the case, the case must be decided by the National Commission even if it has not got the pecuniary jurisdiction. The above said case was decided by this Commission, finally. This is the preliminary initial stage.