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SUNITA YADAV, MONIKA MALIK
Komal Talreja – Appellant
Versus
Jai Maya Greens – Respondent
ORDER
Dr. Monika Malik, Member—This appeal by the appellant/complainant (hereinafter referred to as ‘complainant’) is directed against the order dated 30.12.2019, passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission’), in complaint case No. 156/2018, whereby the District Commission has dismissed the complaint filed by her on the ground of pecuniary jurisdiction.
2. Briefly put the facts of the case are that that the complainant had entered into an agreement with the opposite party No.1/respondent No.1 and got constructed a poly-green house and had spent Rs.33,76,000/- in the construction of the same. According to the agreement executed between them there was guarantee of 4 years for maintenance and repair of damages caused to the poy-green house. The poly-green house was insured with the opposite party No.2- National Insurance Company Ltd. (hereinafter referred to as ‘Insurance Company’) for the period from 1.7.2016 to 20.6.2017. In the intervening night of 26th and 27th May, 2017 due to severe storm the poly- green house got damaged completely. Intimation regarding the same was given to opposite party No.1 and the Insurance Company
(1) Liberty to Approach Appropriate Forum – When a complaint is dismissed solely on technical or jurisdictional grounds rather than on the merits of the case, the courts generally protect the consume....
Pecuniary Jurisdiction of Consumer Disputes Redressal Commission under CP Act, 2019 is determined solely by the value of consideration paid for goods or services & not by value of goods or services t....
The jurisdiction of consumer commissions is determined solely by the value of consideration paid, not potential claims or compensation.
Pecuniary jurisdiction – For the purpose of determining pecuniary jurisdiction under the Consumer Protection Act, 2019, only the value of the consideration paid for goods or services should be consid....
A consumer complaint retains validity despite jurisdiction objections if amended properly to fit jurisdictional limits.
Manifestly clear that since value of the service paid as consideration does not exceed Rs. 10 crores, this complaint does not come within the pecuniary jurisdiction of this Commission.
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