25/02/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the point of admission.

            The Learned Counsel for the Complainant has submitted that the Complainant prayed for compensation of Rs.58,44,920/- against the OP/Developer with interest @ 12% on the total amount paid to the OP.

            We have heard the submission made by the Learned Counsel for the Complainant.  In paragraph 2 of the petition of complaint it has been averred that on 22/02/07 the Complainant entered into an agreement for sale with the OP/Developer for the purchase of a flat measuring 3362 sq. ft. for a consideration of Rs.1,19,00,232/-.  It has been held in the decision reported in 1996 (2) CPR 26 (NC) [M/s Quality Foils India Ltd. vs. Bank of Madura Ltd. & Anr.] that the total value of goods and/or services as well as that of compensation would determine the pecuniary limit of jurisdiction of Consumer Fora.  In another decision reported in 2014 (2) CPR 772 (NC) [M/s Omaxe Ltd. vs. M/s Iqbal Begum & Anr.] it has been held that pecuniary jurisdiction is to be decided in accordance with the prayer made in the complaint.  Evidently, the total consideration of the flat exceeds the pecuniary jurisdiction of this Commission and, as such, the petition of complaint is not entertainable in this Commission. 

            The petition of complaint is dismissed being not admitted.  The Complainant is at liberty to file the complaint before the appropriate Forum.