LAWS(NCD)-2017-5-70

SUMIT KUMAR Vs. ORRIS INFRASTRUCTURE PVT. LTD.

Decided On May 05, 2017
SUMIT KUMAR Appellant
V/S
Orris Infrastructure Pvt. Ltd. Respondents

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party for a total sale consideration agreed at Rs. 4,0222,00.00. The complainant claimed to have paid a total sum of 44,12,152.00 on account of the super area having increased. The grievance of the complainant is that though the construction was required to be completed and possession was required to be handed over to him within 42 months from the execution of the buyers' agreement or sanction of the plan or commencement of construction, whichever be later, the opposite party has failed to offer possession of the flat booked by him till date.

(2.) The complainant, is therefore before this Commission with the following prayers:-

(3.) In terms of the section 21 of the Consumer Protection Act, this Commission possesses pecuniary jurisdiction to a entertain complaint where the value of goods or services as the case may be, and compensation, if any, claimed exceeds 1 crore. The value of the services in such matters would be agreed sale of consideration as held by three Members' Bench of this Commission on 07.10.2016 in CC No.97 of 2016 - Ambrish Kumar Shukla & Ors. Vs. Ferrous infrastructure Pvt. Ltd.