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Objection Regarding Pecuniary Jurisdiction Of Consumer Forums Should Be Raised At The Earliest Opportunity

In CIVIL APPEAL NO 5699 OF 2019, M/s Treaty Construction & Anr. vs M/s Ruby Tower Co-op. Hsg. Society Ltd., the society had complained before the State Commission that several sale deeds were executed between a Co-operative Housing Society and M/s Treaty Construction during the period 1994 to 2002 whereby, its members purchased certain apartment units as also commercial units of varied sizes but, despite making payment over and above the agreed sale consideration, the builders failed to discharge their part of the contract inasmuch as the interior works remained incomplete; and they also failed to obtain the Completion Certification as also the Occupancy Certificate.

The State Commission had partly allowed the claim of the society by imposing penal charges on the appellant along with some other conditions. The appellants petition before the NCDRC was rejected, who then approached the Supreme Court with the pecuniary jurisdiction of the State Commission being the primary issue.

The Supreme Court agreeing with the NCDRC held that the contention on the part of appellants as regards pecuniary jurisdiction has only been noted to be rejected. The National Commission has observed, and rightly so, that such a plea was not specifically raised before the State Commission at the earliest opportunity; and the State Commission having already decided the matter on merits, such a technical objection as regards pecuniary jurisdiction could not have been countenanced before the National Commission.

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