West Bengal

Kolkata-I(North)

CC/13/326

Kamla Devi Agarwal - Complainant(s)

Versus

Dream Gateway Hotels (P) Ltd. - Opp.Party(s)

30 Dec 2013

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/13/326
( Date of Filing : 31 May 2013 )
 
1. Kamla Devi Agarwal
201, Maharshi Debendra Road, Kolkata-700006.
Kolkata
WB
...........Complainant(s)
Versus
1. Dream Gateway Hotels (P) Ltd.
33-A, J.L. Nehru Road, Kolkata-700071.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Nath Das PRESIDENT
 HON'BLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
PRESENT:
 
Dated : 30 Dec 2013
Final Order / Judgement

Parties are present.

Heard both sides in respect of the petition dated 02/08/2013 filed by o.p. challenging the maintainability of the case. Complainant files objection thereto on 31/10/2013.

O.p. has filed copy of ‘Application for allotment of apartment at upcoming residential complex’ of Dream Exotica which bears the signature of the complainant and therefore we find that the value of the flat in question is for Rs. 24,16,950/- which is beyond the pecuniary jurisdiction of this Forum. Copy served to Ld. Lawyer for complainant. We have also relied upon the decision of the Hon’ble National Commission passed in R.P. no. – 2679/11 arising out of appeal no. 508/2010 of WBSCDRC and 2680/11 arising out of appeal no. 509/2010 of WBSCDRC respectively.

In view of the above position we hold that the instant case is not maintainable.

Hence, order

The case stands dismissed for want of pecuniary jurisdiction.

Complainant is at liberty to file fresh case before the appropriate Forum on the selfsame cause of action. Plain copy of this order be supplied to the parties free cost.

 
 
[HON'BLE MR. Sankar Nath Das]
PRESIDENT
 
 
[HON'BLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER
 

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