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Need to Review Ambrish Kumar Shukla Case

By Kaiser Ansary

Published In

AIR 2018

The case of Ambrish Kumar Shukla v. Ferrous Infrastructure decided by National Consumer Disputes Redressal Commission, New Delhi (I 2017 CPJ 1 – NC) has already been causing chaos and confusion in respect of the pecuniary jurisdiction of the complaints filed against the builders. The ratio laid down in the said case is that, ‘where the value of the flat exceeds Rs. 1 crore, District Consumer Forum or State Commission will not have jurisdiction’.  The case in hand was relating to the property situated in Haryana which doesn’t have the equivalent legislation like MOF Act for enforcement of statutory obligation against the builders. Nevertheless, in Maharashtra, this judgment has caused immense confusion in the Consumer Fora and the State Commission vis-à-vis the pecuniary jurisdiction. As a matter of fact, the aforesaid judgment can be easily distinguished with the provision of Maharashtra Ownership of Flats Act which cast a statutory obliga ....

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