PRIYANKA KESARI AND ANOTHER ANAND BHAWAN, 2, MALL AVENUE ROAD, POLICE STATION-HUSAIGANJ, LUCKNOW Vs. M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD. AND 2 OTHERS 115, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG, NEW DELHI

JUDGEMENT

(1.) The complainants the successors in interest of OP No. 3 Kamlesh Kumar Maurya, who booked a residential plot with the OP No.1 & 2 namely Ansal Properties & Infrastructure Ltd. in a project namely 'Sushant Golf City', on 21.03.2012 for an agreed consideration of Rs.43,48,260.00. The OP allotted a plot of land bearing no. 0326 in Sector 'O', Pocket-04, admeasuring 242 sq. meters to OP No. 3 in the aforesaid project. The allotment was made pursuant to his application dated 15.02.2012. Later on, the aforesaid booking was purchased by the complainants from OP No.3 and was duly transferred in their name on 23.08.2012. The grievance of the complainants is that the possession of the aforesaid plot has not been offered to them by OP No.1 & 2. The complainants are therefore, before this Commission seeking the following reliefs:

(2.) The complaint has been resisted by the OP No.1 & 2 on several grounds including that this Commission does not possess the requisite pecuniary jurisdiction to entertain the complaint.

(3.) As per Sec. 21 of the Consumer Protection Act, this Commission would have pecuniary jurisdiction to entertain a consumer complaint where the value of the goods or services, as the case may be, along with the compensation if any claimed in the complaint, exceeds Rs.1 Crore. Though the complainants seem to suggest that the current value of the similar plot would be Rs.1,50,00,000.00, there is no evidence to prove the alleged valuation.