Asked in Consumer Court
Dear Client, The NCDRC hears cases which have been appealed against the decision of the State Commission and those cases in which the claimed sum exceeds ₹1 crore. As per Section 21(a)(i) of the Consumer Protection Act, 1986, the Nationajl Commission shall have jurisdiction to entertain consumer complaints wherein the sum of goods and services along with compensation claimed by the complainant exceeds Rs. 1,00,00,000/-. Hence in your case the value of your flat, along with interest charged, along with your compensation claim should exceed Rupees 1 Crore to be entertained by the NCDRC and for you to receive a judgement from the National Commission. So, to answer your first question the threshold value includes the value of the goods along with quantum of the claim. To answer your second query the value of the compensation will be dealt with only at the filing of the case, if in the situation where some of the complainants do choose to do an out of court settlement and if the overall value of the case falls below Rupees 1 Crore, then it will be at the preference of the court to entertain your case or it will transfer the case to the respective state commission to take an appropriate decision. If you are unhappy or aggrieved with the decision of the State Commission you can then file an appeal before the National Commission within 30 days from the date of the order. To answer your third query, The case cannot be cancelled without reaching an informed decision, the National Commission may at its discretion transfer cases but it cannot cancel a case once the case is filed in the NCDRC. If the court does pass an order to discharge the case or passes the judgement in the favour of the Opposite party(-ies), then you would not be able to file another case for the same matter but you may file an appeal against the order passed by the NCDRC before the Supreme Court of India within 30 days from the date of the order passed by the NCDRC. The time of limitation will be on halt during the duration of the suit proceeding as you filed the case within the prescribed limitation period, so you would not face any difficulty in regards to the period of limitation as you have taken the necessary steps to find a solution before the period of limitation expired. Thank you, I hope this answer helped you.
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