National Consumer Disputes Redressal Commission (NCDRC): A Division Member Bench of Anup K Thakur, C. Viswanath, Members, dismissed a complaint at the stage of maintainability, which was filed for claiming deficiency of services on the part of the opposite party.
The complainant had booked a residential apartment in one of the projects of the opposite party and the complainant had paid almost the entire cost of the prospective flat in installments. The opposite party failed to construct the flat and hence the complainant alleged deficiency in services on the part of opposite party.
The main issue that arose before the Commission was whether the complaint was maintainable before the Commission.
The Commission observed that as per Section 21(a)(i) of the Consumer Protection Act, 1986, the Commission shall have jurisdiction to entertain consumer complaints wherein the sum of goods and services along with compensation claimed by the complainant exceeds Rs. 1,00,00,000/-. In the present case, the total cost of flat along-with interest claimed by the complainant was below the mark of Rs. 1,00,00,000/-. However, the complainant had claimed an amount of Rs. 45,00,000/- for mental agony, which was almost at par with the cost of the flat itself.
The Commission held that the amount of compensation claimed by the complainant for mental agony suffered is highly unreasonable and in the absence of the same, the cost of the flat along with the interest does not cross the mark of Rs. 1,00,00,000/- and hence this case does not come under the jurisdiction of the Commission. Resultantly the complaint filed by the complainant was dismissed. [Aanchal Garg v. Amahagun India (P) Ltd., 2018 SCC OnLine NCDRC 379, order dated- 09-08-2018]
