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Court No. - 2
Case :- WRIT - C No. - 25969 of 2011
Petitioner :- Mahagun India Pvt. Ltd.Respondent :- District
Redressal Forum And OthersPetitioner Counsel :- Satish
MandhyanRespondent Counsel :- S.C.,Diptiman
Singh,M.M.Tripathi,S.D.Singh
Hon'ble Ashok Bhushan,J.Hon'ble Bharati Sapru,J.
Heard Sri B.D. Mandhyan, learned senior counsappearing for the
petitioner and Sri S.D. Singh appearing fothe respondent.
By this writ petition, the petitioner has prayed for quashinof
the orders dated 18.01.2011 and 13.04.2011 passed b
the District Consumer Forum.
On 18.01.2011, an interim order was passed by the DistriConsumer
Forum issuing notice to the defendants of thcomplaint and after
hearing the defendants the said interimorder has been confirmed by
subsequent order date13.04.2011. Against these two orders,
petitioner has filethis writ petition.
Sri B.D. Mandhyan submits that the District Consume
Forum has no pecuniary jurisdiction since his jurisdiction
limited upto Rs.20 lacs and the value of the flat was morthan Rs.35
lacs.
Learned counsel for the respondent submits that in thwritten
statement, which has been filed by the petitioner, thpoint of
pecuniary jurisdiction had not been specificalraised, hence this
question has not been considered in thorder impugned. He further
submits that the matter beinpending before the District Consumer
Forum, it is open tthe petitioner to raise this issue. It is
further submitted thaagainst the orders impugned passed by the
DistriConsumer Form, the petitioner has statutory remedy of filinan
appeal under Section 15 of the Consumer Protection Ac1986.
In view of above, we are of the view that appropriatcourse open
for the petitioner is to file an appeal undeSection 15 of the Act
or to raise a specific objection befor
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the District Consumer Forum regarding pecunia jurisdiction. In
view of the fact that the writ petition waentertained and the same
is still pending, we provide that icase the petitioner files an
appeal within 15 days from todabefore the District Consumer Forum,
the same shall bconsidered and decided, further in case the
petitioner raisean objection regarding the pecuniary jurisdiction,
the sam
shall also be decided by the forum expeditiously.
With the aforesaid observation, this writ petition standdisposed
of.
Order Date :- 26.08.2011.Rks.
