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M. L. SONEJI (Secretary)     18 February 2014

What constitutes pecuniary claim under consumer act.

The jurisdiction of different starata is determined based on the pecuniary claim under the Consumer Protection Act.  The clarification is sought what constitutes the pecuniary claim or compensation under the Consumer Protection Act?

1.   Whether the amount sought as compensation as per the agreement is the amount?

2.   Whether the amount of consequential interest/amount sought is also to be added to the compensation payable under the agreement?

3.   If besides the compensation in terms of amount, the claim is also made for handing over of the possession as per in the agreement, whether the value of the flat is also to be added to the compensation to arrive at pecuniary claim?

4.   In the situation as 3 above, rather than claiming handing over of the possession, if the amount paid is sought to be refunded, then whether such amount sought as refund be added to the compensation to arrive at pecuniary claim?

Shall be grateful if guidance is provided on the above points.



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