SURESH CHAND SHARMA Vs. SHIPRA ESTATE LTD.

JUDGEMENT

(1.) The complainants in these matters booked residential apartments with the OPs in a project namely 'Shipra Krishna' which the OPs were to develop in Ghaziabad. The sale consideration for the aforesaid flats were agreed at Rs.42,90,000/-. The possession was to be delivered by 31.01.2019 but was delivered on 28.09.2017 in CC No.389 of 2018 and on 08.08.2017 in CC No.390 of 2018. The Sale Deeds in their favour have also been executed. The complainants are now before this Commission seeking compensation for the delay in delivery of the possession of the flats.

(2.) The question which arises for consideration in these complaints is as to whether this Commission possesses the requisite pecuniary jurisdiction to entertain these complaints. As provided in section 21 of the Consumer Protection Act this Commission has jurisdiction to entertain the complaints where the value of the goods or services and compensation if any claimed, exceeds Rs.1 crore.

(3.) This Commission has, in the past, granted compensation in the form of interest upto at the rate of 12% per annum in the cases where possession has been directed. In the present complaints, the possession having already been taken, the compensation for the purpose of determining the pecuniary jurisdiction of this Commission in my opinion, cannot be computed at a rate exceeding 12% per annum from the date committed for delivery of possession till the date on which the possession was delivered and such a compensation is to be calculated on the entire amount which the complainant had paid till the date committed for delivery of possession. If compensation on the aforesaid rate on the entire sale consideration which the complainants had paid to the OPs before the last date committed for delivery of possession is added to the agreed sale consideration of Rs.42,90,000/-, the aggregate comes to less than Rs.1 Crore.