Flood water had risen 4-5 feet inside the factory premises of the Complainant, which is abutted by banks of the river Ganga on two sides causing considerable damage to Buildings, Plants and Machinery and Stocks of the Complainant.

consideration alone has to be taken and not the value of the goods or services Meaning thereby that the value of the goods or services as also the compensation is to be added to arrive at a conclusion as to whether the National Commission has the jurisdiction or not. When Writ Appeal Partly Allowed And SB’s Order Modified, Contempt Plea For Disobedience Of Order Maintainable Only Before Division Bench: Madras HC, SC says adjournments in Criminal Trials to be cut against Lawmakers, Delhi High Court allows name change of student; calls it Freedom of Speech & Expression, “Consistent misreporting even affects trained and educated minds”: Delhi High Court, Convict gets 2 yrs Imprisonment, Complainant Rs 26 lakh Compensation in Cheque bounce case, Relevance of intellectual property under ‘atmanirbhar bharat’, Bombay HC denied Anticipatory Bail to Muslim man on illegal divorce, Arnab’s interim Bail rejected by Bombay HC, Batch of Pleas in SC challenging Abrogation of 370, Maneka Gandhi vs Union Of India – Case Summary. [Consumer Case No. ….Thus in the Act of 1986 it was “the value of the goods or services and the compensation claimed” taken into consideration while determining the pecuniary jurisdiction. All Rights Reserved. Rs.1,00,00,000 (Rupees One crore), whereas under Section 58 (1) (a) (i) of the M/s Pyaridevi Chabiraj Steels Pvt. The Petitioner seeks direction to

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According Sorry, your blog cannot share posts by email. Complainant informed the National Insurance Company Limited, Kolkata on 05-09-2020 about the loss sufferred and making the payment of the loss suffered by estimating it. been omitted from Section 58 (1) (a) (i) of the Act of 2019 and the present 8.

has no jurisdiction to entertain the present Consumer Complaint and it is For example, if a person has agreed to purchase a Flat / Apartment / Plot for about Rs.60,00,000/- and he is claiming refund as also compensation of Rs.50,00,000/- then the value will exceed Rs.1,00,00,000/- and the Consumer Complaint has to be filed before the National Commission. According to the learned Senior Counsel only the value of the compensation claimed has been omitted from Section 58 (1) (a) (i) of the Act of 2019 and the present Consumer Complaint is maintainable and this Commission will have the pecuniary jurisdiction to entertain the present Complaint. Due to heavy rainfall and flood water, factory premises of the Complainant got tilted and partial collapse of the building was caused with several other losses due to damage in the building. Hence, the bench stated that Sections 34 (1), 47 (1) (a) (i) and 58 (1) (a) (i) of the Act of 2019 make it clear that for detrmining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased. Covers all the projects. value of the goods or services paid as consideration exceeds Rs.10,00,00,000 It is no doubt true that under the Act of 1986, pecuniary jurisdiction was to be determined by taking the value of the goods or services and compensation, if any, claimed.

Ltd v/s National Insurance Company Ltd. & 3 Ors.’ (Consumer Case No. The above mentioned Compensation/ relief sought.

simpler. Kantikar (Member), held that“…for determining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased.” to the learned Senior Counsel only the value of the compensation claimed has Pyaridevi Chabiraj Steels Private Limited (Complainant) v. National Sections 34 (1), 47 (1) (a) (i) and 58 (1) (a) (i) of the Act of 2019 make it clear that for detrmining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased. In Ambrish Kumar Shukla & Others V. Ferrous Infrastructure Private The Office had registered the Complaint on 05.08.2020. An additional security coverage of Rupees Thirteen crores only on 25-08-2020 by paying a premium of Rupees One lac twenty-three thousand and thirty-seven only. It was observed by the court that the case being governed under the Consumer Protection Act, 1986, NCDRC would have jurisdiction in the matter since pecuniary jurisdiction thereunder was determined by taking the “value of the goods or services and compensation”. Complainant approached the Commission with regard to a complaint against National Insurance Company Limited, Kolkata wherein, the complainant had taken Insurance coverage from National Insurance Company Limited, Kolkata under its Standard Fire and Special Perils Policy initially for a total sum of Rupees Twenty eight crores and twenty thousand only by paying a premium of Rupees Three lac twenty thousand five hundred and twenty-five only.

The Complainant informed the National Insurance Company Limited, Kolkata on 05.09.2020 about the loss suffered and for making the payment of the loss suffered by estimating it. 833 of 2020]  held that for determining the pecuniary jurisdiction of the Consumer for a and the value of the goods “paid” as consideration has to be taken and not the value of goods or services “purchased”. 833 of 2020, decided on 28-08-2020], Law Insider IN Copyright © 2016-2020. (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:”, “47. The submission made by the learned Senior Counsel appearing for the Complainant cannot be accepted. The Consumer Complaint was sent by Ajinkya Tiwari, learned Counsel for the Complainant via Gmail only on 31.07.2020. The National Consumer Disputes Redressal Commission (NCDRC) vide its Order dated 28th August, 2020 in ‘M/s Pyaridevi Chabiraj Steels Pvt.

Law [B.B.A.

Further, it was stated that the complainant had taken Insurance coverage from National Insurance Company Limited, Kolkata under its Standard Fire and Special Perils Policy initially for a total sum of Rupees Twenty eight crores and twenty thousand only by paying a premium of Rupees Three lac twenty thousand five hundred and twenty-five only. been held to be bad in law by the Arbitrator appointed by the Bombay High : The content of this From a reading of the aforesaid provisions it is amply clear that for determining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of the goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased/ taken.

Complainant approached the Commission with regard to a complaint against National Insurance Company Limited, Kolkata. Kantikar (Member), held that, “…for detrmining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased.”. The Commission vide its Order dated August 28, In the case of M/S. Only real estate projects; Complaint is filed to the Authority of the State where property is located The Board of Control for Cricket in India (BCCI) has received a

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After exchange of correspondence and personal interaction the National Insurance Company Limited – OP-1 repudiated the claim of the Complainant. Law Times Journal: One-Stop Destination for Indian Legal Fraternity.

signed for 10 years. which is not above Rs.10,00,00,000 (Rupees Ten crore), the National Commission : The content of this Vs. Ferrous Infrastructure Pvt.

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EBC Publishing Pvt. Rupees One lac twenty-three thousand and thirty-seven only.

That the Complainant seeks financial reliefs on account of financial loss and detriment to the life and livelihood of its stakeholders and for the restoration of the Company. According Therefore, we are of the view that the provision of Section 58 (1)(a)(i) of the Act 2019 are very clear and does not call for any two interpretations.

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts. For ready reference the provisions of Sections 34 (1), 47 (1) (a) (i) and 58 (1) (a) (i) of the Act of 2019 are reproduced below: “34. human being. Deccan Chargers also successfully participated EBC Publishing Pvt. 7. Held in the above case:A larger bench of NCDRC was interpreting section 12(1)c of consumer protection act in October 2019 on reference to smaller judgement in context of real estate case. Consumer Complaint is maintainable and this Commission will have the pecuniary value of the good or services and compensation, if any, claimed exceeds Your email address will not be published. NCDRC: RERA: Jurisdiction: Pecuniary: Only above INR 1 crore.

The Complainant further took an additional security coverage of Rs.13,00,00,000/- (Rupees Thirteen crores only) on 25 th August, 2020 by paying a premium of Rs.1,23,037/- (Rupees One lac twenty three thousand and thirty seven only).

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