Dismissal of case for wrong jurisdiction from district consumer forum

I booked a flat with TDI in 2006, got possession in 2014. Flat was deficient in services. Moreover the builder is charging maintenance charges according to the super area of and not as per common area. Though he is providing maintenance of common area. I am praying for compensation for the delay and harassment, deficiency in services and payment as per common area maintenance charges. I filed the case in district consumer forum. It got dismissed on the grounds that the case is not under its pecuniary jurisdiction and to be filed in state commission. Need consultation regarding above matter.

Answers (4)

115 votes

The appeal has to be filed within 30 days from the date of receipt of the certified copy of the order passed by District Forum. Further, it has to be seen on what grounds you had made the jurisdiction of the respective forum and on what grounds the same has been dismissed. However, jurisdiction can be made where the cause of action has arose fully or partly or where the respondent resides or the place from where he runs his business or any place which the agreement defines.

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319 votes

You can file it in the state commission and get the notice done to the builder. There are possibilities of a settlement also and the commissions are mostly in favour of the consumers so you can file it accordingly

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224 votes

I believe that your claim/compensation amount exceeds 20 lacs, and that is why your claim got dismissed in the District Consumer forum. If your claim/compensation amount does not exceed 1 crore, then the appropriate forum is State Commission, otherwise it will be National Commission.

Kindly feel free to contact for consultation or for any other requirement

134 votes

If your amount of refund compensation and damages are more than 20lacs then you have to file it in state commission. Your papers will need to be seen regarding the case to determine where it needs to be filed.

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