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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
Gorantla Geosynthetics Pvt. Ltd. – Appellant
Versus
Akshaya Signature Homes Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction based on specific amenities disputed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. arguments regarding maintainability and pecuniary jurisdiction. (Para 14 , 15 , 16 , 17) |
| 3. discussion on article 227 jurisdiction and consumer protection. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. consumer protection act emphasizes relief-oriented interpretation. (Para 26 , 29 , 34) |
| 5. final verdict regarding the court's decision. (Para 90 , 91) |
ORDER :
1. This civil revision petition arises against the order of the District Consumer Disputes Redressal Commission, Chennai (South), Chennai, in CC.Sr.No.495 of 2024 dated 23.08.2024.
Facts leading to the revision
2. The petitioners had entered into a sale agreement and a construction agreement on 08.09.2019 with the respondent. The parties had entered into these two agreements for the construction of a premium four bedroom apartment at Nungambakkam in Chennai. In terms of the agreement, apart from the apartment, the petitioners were to be provided with four car parking spaces, a lumber room and other amenities mentioned therein. I am mentioning only the car parking spaces and the lumber room as they are the subject matter in dispute between
The jurisdiction of the District Consumer Redressal Commission is determined by the value of goods or services with respect to specific deficiencies claimed, not by the total transaction value.
The classification of pecuniary jurisdiction based on consideration paid under the Consumer Protection Act, 2019 is constitutional and does not violate Article 14, ensuring effective consumer dispute....
The right to appeal is a vested right which cannot be taken away, absent a statutory enactment to the effect.
Consumer complaints instituted under the repealed Consumer Protection Act, 1986 continue before the corresponding forums and are not affected by the enactment of the Consumer Protection Act, 2019.
The 'value of consideration paid' is the determinant for pecuniary jurisdiction under the Consumer Protection Act, 2019, not the total value of goods or services.
Joint Complaint – Need for application of Order I Rule 8 of CPC would be required only in a case involving a complaint under Section 12(1)(c) of 1986 Act – It does not have any application when simil....
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....
Right to an appellate remedy becomes vested when the lis is initiated. The remedy which was available prior to the amendment would continue to be available despite the amendment. Therefore, it is for....
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