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CC14/2021
Date of filing :21.10.2021
Date of Disposal:25.10.2021
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
Consumer Complaint NO. : 14 OF 2021
Mahesh Rajeshwar Domshetwar,
R/o Padmaja City, Nanded,
Tq. & Dist.Nanded
…COMPLAINANT
VERSUS
Rama Developers, Nanded,
Through its Proprietor,
Shri.Chaitanya Ganesh Farkande,
R/o Farande Nagar , Nanded,
Tq. & Dist.Nanded.
…OPPONENT
CORAM :
Smt.S.T.Barne, Hon’ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon’ble Member.
Present :
Adv.Prasad D.Jarare for Complainant.
O R D E R
(Delivered on 25/10/2021)
Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.
Adv.Jarare for complainant present. Matter is for hearing before
admission. We inquired with him as to what valuation is given for the purpose of
deciding the pecuniary jurisdiction as the same was kept blank on page No.7 of
complaint. He has submitted that complainant agreed to purchase each bunglow
for Rs.40 lakhs. Therefore, on agreed total consideration of three bunglows the
claim is valued for Rs.1,20,00,000/-. Therefore, his attention is drawn towards
the provisions of Sec.34 and 47 of Consumer Protection Act 2019. He has fairly
conceded that in the case in hand actual consideration paid is Rs.36 lakhs and
therefore he be permitted to withdraw the complaint and to present the same
before appropriate forum. He has also requested to refund of court fees.
CC14/2021
On going through Section 47 it clearly reveals that the jurisdiction of
State Commission to entertain the claim is as specified in Sub-Section 1(a)(i)
which states that “where the value of the goods or services paid as consideration,
exceeds rupees one crore, but does not exceed rupees ten crores”. In the case in
hand, it is fairly conceded that actual consideration paid Rs.36 lakhs. Therefore it
will be just and proper to return the complaint for proper presentation before
appropriate forum having pecuniary jurisdiction. The court fee be refunded in
accordance with rules if any prescribed.
Sd/-
Sd/-
Mr.K.M.Lawande
Smt.S.T.Barne,
Member
Presiding Judicial Member
MBM
