Dr. B.C. Gupta, Presiding Member—This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 03.03.2016, passed by the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in Consumer Complaint No. 45/2016, vide which, the said complaint was disposed off, saying that the State Commission did not have the pecuniary jurisdiction to decide the matter. It was directed that the complaint may be filed before a competent district forum.

2. The appellant/complainant booked a flat, bearing No. F-53, Vth Floor, Tower F, measuring 1600 sq. ft. (super area) in the project “Spaze Privy,” being developed by the OP Builder M/s Spaze Towers Private Limited at Sector 72, Gurgaon, Haryana. It is stated that the complainant paid a total sum of Rs.53,94,675/- to the OP builder on various dates upto May 2012. A flat buyers’ agreement was also entered between the parties on 15.07.2009, according to clause 29 of which, the possession was to be delivered within 36 months from the date of the agreement, i.e., 15.07.2012. In case of default in giving possession, t