DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. _11  _ OF ___2018

DATE OF FILING : 31.1.2018    DATE OF PASSING JUDGEMENT:  _11.7.2018_

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :             Sudas Kumar Mondal, son of late Rabindra Nath Mondal of Subuddhipur Vidhyasagar Pally, P.O & P.S Baruipur, Kolkata – 144.

•  VERSUS  -

O.P/O.Ps                    :  1.     Sagar Development Group at S.D Chatterjee Road, Baruipur, P.S Baruipur, Kolkata – 144, represented by

                                    2.   Jaydur Rahaman Shaik, son of Sukur Ali Shaik, at Village Badehooghly (Uttar), P.O Malancha Mahinagar, P.S Sonarpur, Kolkata – 145, at present residing at Village Dehimedanmalla, P.O.  D Gobidapur,  , P.S Baruipur, Kolkata – 144.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

                  The nub of the facts leading to the filing of the instant case by the complainant is that a verbal agreement took place between the complainant and the O.P-2 i. e the promoter/developer and thereby the O.P-2 agreed to sell a flat and a shop cum office to the complainant for a total consideration price of Rs.39 lac. Rs.10, 80,000/- was paid in advance by him to O.P-2 on different dates. Thereafter, the O.P-2 handed over incomplete shop-cum-office to the complainant. But the possession of the flat is yet to be delivered to the complainant. Even , no agreement for sale is executed by the O.P-2 in favour of the complainant . Therefore, the complainant prays herein for execution and registration of the sale deed ,compensation etc. Hence, this case.

                    O.P-2 appeared in the case . But no written statement is filed by him. Hence, the case is heard exparte against him.

DECISION WITH REASONS

                 On perusal of the petition of complaint, it is found that the complainant agreed to purchase a flat and a shop cum office from the O.P-2. It is stated by the complainant himself in para 5 of this petition of complaint that he paid Rs.1,80,000/- in advance to O.P-2 out of the total consideration price of Rs.39 lac. From this particular averment of the petition of complaint, it stands prima facie established that the value of the flat and the shop-cum-office is Rs.39 lac. This being so, this case appears to be not maintainable in pecuniary jurisdiction of this Forum.                

                                    Hence,

ORDERED

That the complaint case be and the same is not maintainable before this Forum. Let the petition of complaint be returned to the complainant for presentation before the appropriate Forum.

     Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                              Member                                            Member     

Dictated and corrected by me

                         President