The present Complaint has been filed by Mr. Bhaskar Pramanik and Ms. Madhumita Pramanik, seeking the following reliefs:
“a. Direct the Respondent to refund a sum of Rs.10,86,60,093/- being the money paid by the Complainant till now to the Respondent and alongwith interest (detailed calculation is in the Schedule); and
b. Direct the Respondents to pay a sum of Rs.5,00,000/- for harassment faced by them at the hands of the Respondent; and
c. Direct the Respondents to pay a sum of Rs.5,00,000/- as litigation costs; and
d. Pass such further order(s) as this Hon’ble Commission may deem fit and proper in the facts and circumstances of the instant case.”
In para-12 of the Complaint, the Complainants have mentioned that they have paid a sum of ₹7,15,00,000/- till date and no amount is left outstanding.
Under Section 58(1)(a)(i) of the Consumer Protection Act, 2019 (hereinafter referred to as the “2019 Act”) the pecuniary jurisdiction of the National Consumer Disputes Redressal Commission was fixed where the value of goods or services paid as consideration exceeds ₹10,00,00,000/-. The emphasis is on the value of goods or services paid as consideration. It has nothing to do with the value of goods or services. The value of goods or services may be more than ₹10,00,00,000/- but if the consideration paid is not exceeding ₹10,00,00,000/- this Commission has no jurisdiction to entertain any Complaint.
Reference is invited to a Division Bench decision of this Commission in M/s Pyaridevi Chabiraj Steels Pvt. Ltd. Vs. National Insurance Co. Ltd. & 3 Ors. (Consumer Case No. 833 of 2020), decided on 28.08.2020, wherein after examining various provisions of the 2019 Act, this Commission has come to the conclusion that if the value of consideration paid is not above ₹10,00,00,000/-, then this Commission has no jurisdiction to entertain the Complaint.
Respectfully following the aforesaid decision, we dismiss this Complaint, leaving it open for the Complainants to approach the Appropriate Forum under the Consumer Protection Act, 2019.
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