This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the Ops as the OPs did not take any step to provide the land owner’s allocation to the Complainant till filing of this complaint.

            At the time of admission hearing it is noticed by us that this complaint is filed by the Complainant being the land owner of a plot and for construction purpose the Complainant had entered in to the development agreement with the OPs. In the development agreement it was scheduled that the OPs shall handover the agreed land owner’s allocation to the Complainant. But as till filing of this complaint the OPs did not bother to take step in that regard, hence being aggrieved with such inaction of the OPs, the Complainant has initiated this complaint.

            Along with the petition of complainant the Complainant has submitted some documents including the valuation of the land on which proposed construction will be made. It is the case of the Complainant that on the date of development agreement the valuation of the concerned land was for Rs.16,62,498/-. In the prayer portion the Complainant has sought for compensation to the tune of Rs.15,00,000/-. Though the Complainant has declared the present suit value is for Rs.15,10,000/-, but in our view as the Complainant has prayed for Rs.10,000/- towards litigation cost, the said amount should not be counted for ascertaining the pecuniary jurisdiction of this Ld. Forum. It is disclosed by the Complainant that the price of the said land is for Rs.16,62,498/- and in the prayer portion the Complainant has prayed for compensation to the tune of Rs. 15,00,000/-, hence the total amount will certainly exceed the pecuniary jurisdiction of this Ld. Forum.

            In the Section 11 (1) of the Consumer Protection Act, 1986, it is enumerated that the ‘District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed does not exceed rupees Twenty Lakhs.’

Having regard to the abovementioned Section we are to say that the suit value of the instant complaint is for Rs.16,62,498/- + Rs.15,00,000/- i.e. for Rs.31,62,498/-, which is beyond the pecuniary jurisdiction of this Ld. Forum.

Having no pecuniary jurisdiction of this complaint we have no authority to entertain the same hence complaint is not maintainable before this Ld. Forum being barred by pecuniary jurisdiction. But the Complainant is at liberty to approach before the appropriate Forum/Court/Commission, if not barred otherwise, in view of the judgment of Laxmi Engineering Works vs. PSG Industrial Institute (1995 AIR 1428).

Hence, the complaint being no-CC-66/2019 is dismissed without any cost being barred by pecuniary jurisdiction of this Ld. Forum without being admitted.

Let plain copy of this judgment/final order be given to the parties free of cost as per the CPR, 2005.

                                                                              Dictated & Corrected by

                                                                 Hon’ble Mrs. Silpi Majumder,

                                                                                       Member