JUDGMENT :

(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the order dated 10.10.2018 made in C.C.No.41 of 2008 on the file of the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai and thereby direct the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai to adjudicate the above mentioned complaint on merits.)

1. This Civil Revision Petition is filed against the order dated 10.10.2018 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai in C.C.No.41 of 2008.

2. The learned counsel for the petitioners submitted that, the petitioners filed C.C.No.41 of 2008 before the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai, against the respondent. The allegation against the respondent is that, the respondent is M/s.Ramaniyam Real Estates (P) Limited, is engaged in real estate. The petitioners are the absolute owners of the property situated at Plot No.3273, T.S.No.107, Block No.1C of Naduvankkarai Village, Arignar Anna Nagar, measuring one ground and 1125 sq.ft. This property is situated in the residential locality and its value is more than Rs.2.5 crores per ground. The petitioners wanted to develop this property into a residential complex.

3. The respondent approached the petitioners in September 2004 and persuaded the petitioners to enter into a Joint Development Agreement. Accordingly, Joint Development Agreement was entered into between both the parties on 08.09.2004. As per this Agreement, the respondent agreed to construct the residential building on the above said property and agreed to allot 2600 sq.ft. of built up area by way of two flats one in ground floor and another in second floor with two covered car parks [which amounts to 50% of the development buildings].

4. The respondent promised to construct the building within 9 months. The respondent also agreed to construct the building in accordance with the specification detailed in Schedule - 'D’ of the said Joint Development Agreement. The petitioners executed the Power of Attorney in favour of the respondent's nominee C.P.Kuppusamy. As per Clause 19 of the Agreement, the respondent is warranted to ensure good construction and the respondent will be responsible in remedying any/all defects at their cost in civil construction for a period of 12 months and electrical, sewerage, plumbing connections/painting etc. relating to the construction for a period of 12 months from the date of completion and handing over the possession.

5. The petitioners came to know that the respondent illegally and fraudulently handed over the construction to a builder, namely, "Red Rose". The Red Rose builders had not constructed the complex as per the specification in the Joint Development Agreement. The respondent had sold more than their proportionate area to third parties in the first floor. Red Rose builders was not qualified or had experience and had reputation in the field of construction and the construction was also not in accordance with the specification of the Joint Development Agreement. Therefore, this complaint is filed for (a) directing the respondent to pay a sum of Rs.1,00,00,000/- as compensation towards the damages for the negligent act committed by the respondent; (b) directing the respondent to rectify all the deficient work and damages done by them on the petitioners property as reported in the Engineer's Report dated 02.05.2007 and install their name on the building constructed as per the Joint Development Agreement dated 08.09.2004.

6. It is further submitted by the learned counsel for the petitioners that, this complaint was filed in July 2007. After 11 years, an order was passed on 10.10.2018 by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai, stating that the complainants claim exceed the pecuniary jurisdiction of the Commission and therefore, the complaint was returned with a direction to the petitioners to present before the Na