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Ansal Crown Heights Flats Buyers ... vs Ansal Crown Infrabuild India Pvt. Ltd. on 28 February, 2022
cites
Consumer Protection Act, 2019
Section 18 in Real Estate (Regulation And Development) Act, 2016 [Entire Act]
Section 2 in The Consumer Protection Act, 1986 [Entire Act]
Section 79 in Real Estate (Regulation And Development) Act, 2016 [Entire Act]
Section 88 in Real Estate (Regulation And Development) Act, 2016 [Entire Act]
M/S Imperia Structures Ltd. vs Anil Patni And Anr. Etc. on 2 November, 2020
In M/s. Imperia Structures Ltd. (supra), Hon'ble Supreme Court observed as under:
Section 21 in Consumer Protection Act, 2019 [Entire Act]
Ambrish Kumar Shukla & 21 Ors. vs Ferrous Infrastructure Pvt. Ltd. on 19 January, 2016
So far as the pecuniary jurisdiction is concerned, in terms of Section 21 of the Consumer Protection Act, this Commission possesses the requisite pecuniary jurisdiction where the value of the goods or services as the case may be and the compensation claimed exceeds Rs.1 Crore. As held by a three Members Bench of this Commission in CC No.97 of 2016 Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., decided on 07.10.2016, the value of the services in such a case would mean the sale amount agreed to be paid by the flat buyer to the developer, which has been held to lay down the law correctly on the issue relating to pecuniary jurisdiction and the sale consideration which was agreed between the Parties for buying the goods or hiring or availing the services is relevant for determination of pecuniary jurisdiction in cases of refund also by a larger Bench of 5 Members of this Commission in "CC No. 1703 of 2018, Renu Singh vs. Experion Developers Private Limited" and other connected matters" decided on 26.10.2021. In the present case, the agreed sale consideration was Rs.56,49,765/-. If even a part of the compensation claimed by the complainants is added to the said sale consideration, the aggregate would be much above Rs.1 Crore. Therefore, it would be difficult to say that this Commission does not possess the requisite pecuniary jurisdiction.
Renu Singh vs Experion Developers Pvt. Ltd. on 29 June, 2018
So far as the pecuniary jurisdiction is concerned, in terms of Section 21 of the Consumer Protection Act, this Commission possesses the requisite pecuniary jurisdiction where the value of the goods or services as the case may be and the compensation claimed exceeds Rs.1 Crore. As held by a three Members Bench of this Commission in CC No.97 of 2016 Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., decided on 07.10.2016, the value of the services in such a case would mean the sale amount agreed to be paid by the flat buyer to the developer, which has been held to lay down the law correctly on the issue relating to pecuniary jurisdiction and the sale consideration which was agreed between the Parties for buying the goods or hiring or availing the services is relevant for determination of pecuniary jurisdiction in cases of refund also by a larger Bench of 5 Members of this Commission in "CC No. 1703 of 2018, Renu Singh vs. Experion Developers Private Limited" and other connected matters" decided on 26.10.2021. In the present case, the agreed sale consideration was Rs.56,49,765/-. If even a part of the compensation claimed by the complainants is added to the said sale consideration, the aggregate would be much above Rs.1 Crore. Therefore, it would be difficult to say that this Commission does not possess the requisite pecuniary jurisdiction.