RENU SINGH Vs. EXPERION DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) This first appeal has been filed under section 19 of the Consumer Protection Act, 1986, (for short 'The Act') against the impugned order dated 15.11.2016, passed by the Haryana State Consumer Disputes Redressal Commission, Chandigarh (for short "the State Commission") in Consumer Complaint No. 646/2017, wherein the State Commission dismissed the complaint as not maintainable.

(2.) Brief facts of the case are that the complainant Renu Singh booked a residential unit in the project of Experion Developers Pvt. Ltd., the opposite party (for short 'the builder') on 17.12.2012. The total price of the unit was Rs. 1,28,84,474/-. The complainant had paid Rs. 35,40,598/- to the builder, the builder buyer agreement which received by the complainant on 24.04.2013, the complainant did not agree with the terms and conditions in the said agreement. Therefore, she requested the builder to refund the amount deposited with him, but to no avail. Being aggrieved, the complainant filed the complaint before the State Commission seeking refund of the deposited amount alongwith interest @ 12% per annum with compensation and litigation expenses.

(3.) The State Commission dismissed the complaint at admission stage on the ground that the complaint does not fall within the pecuniary jurisdiction of the State Commission because value of the unit in question was 1,28,84,474/-, hence, not maintainable. Being aggrieved by the order of State Commission, the complainant preferred first appeal before this Commission.