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Matter disposed off due to Pecuniary Jurisdiction of state commission


26-Mar-2023 (In Recovery Law)
My matter was in Delhi State Commission that recently got dropped off and the judgement says that goods and compensation is outside the pecuniary jurisdication with limit of 1 Cr. My flat cost was Rs. 49 lac, out of which I paid Rs. 40 lac and I was seeking a compensation at 24 % per annum + Rs. 20 lac for mental agony. In 2015, when I filed the case, it was under the pecuniary jurisdiction as interest would hav been for only 2-3 years but in last 6 years interest component increased and now beyond 1 cr. What options do I have ? 1. Should I file the first appeal ? 2. Should I go to RERA? 3. Is there a way that judge reconsiders the order or some higher authority asks him to reconsider it, as the case was admitted to the state commission because it was in its purview. If it took too much time and interest has exceeded, than its not my mistake.
Answers (3)

Answer #1
800 votes
latest amendment regarding pecuniary jurisdiction in consumer foras is not applicable in old cases. you can get it restored in the forum where it got dismissed and for this you may file a restoration application before the forum or file appeal before the appellate forum.
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Advocate Manoj Kumar Pandey

Adv. Manoj Kumar Pandey

LawRato Delhi | 50+ Answers
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Answer #2
930 votes
Hi, We can file an appeal against the order in NCDRC as the amendment that came last year on pecuniary jurisdiction was not retrospective and they have to consider. Moreover it also depends on the order of the Commission. It is recommended to meet with all the documents so that a proper advise can be given.
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Advocate Ayush Kapur

Adv. Ayush Kapur

LawRatoDelhi | 200+ Answers
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Answer #3
824 votes
You can file an appeal before NCDRC against the order of State Commission thereby asking the court to reconsider the complaint. Opting RERA will also be a good option for speedy disposal of the matter. Feel free to contact me for further discussions.
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Advocate Ayush Saxena

Adv. Ayush Saxena

LawRatoDelhi | 25+ Answers
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