ORDERS ON ADMISSION AND PECUNIARY JURISDICTION

          Complainant filed this complaint against the OP for the relief as follows;

a)  Direct the OPs to register the flat in schedule B property in the name of the complainant by receiving the balance sale considerations.

b)  Direct the OPs to pay compensation of Rs.50,000/- per month from 13.10.2023 till the date of registration and possession, Rs.3,00,000/- towards damages, mental agony and Rs.30,000/- towards litigation expenses and cost.

The complainant claiming the relief on the ground that the OPs are the absolute owners 10 acres of land in Sy.No.98 situated at Gunjur Village, Bangalore East Taluk.  The OPs have developed the schedule A property with an intention to develop the property and to construct the apartment/flat in the project named as DSR Parkway.  The complainant who is interested in purchasing the flat No.12111 on the 11^th Floor, in Tower 1, Wing 2, 2 BHK has entered into a sale agreement on 30.09.2023 and agreed to purchase the apartment for a total consideration amount of Rs.1,02,65,000/-.  The complainant has paid an advance sale consideration amount of Rs.16,71,475/- and also obtained a bank loan of Rs.85,00,000/- and he was ready with the amount for purchase of the flat. There was some misunderstanding between the complainant and OPs in respect of the sale consideration amount. The complainant has communicated to the OP, his intention expressing his readiness to perform his part of the agreement of sale and requested the OP1 to execute the sale deed on 13.10.2023. Again the complainant has approached OP1 on 18.10.2023 and requested to register. At that time the OP1 responded that they will execute the registered sale deed only if the complainant consents to acquiring the property at an elevated price.  The complainant objected to registration of the sale deed at the increased rate and he has demanded the OP to execute the registered sale deed at theagreed rate. To the shock and surprise of the complainant the OP have sent an email on 07.11.2023 conveyed that they have cancelled the agreement due to complainant’s refusal to accept the unilaterally increased price proposed by them. Aggrieved by the said act of the OPs in cancellation of the agreement the complainant has filed his complaint for the aforesaid reliefs.

The only relief claimed by the complainant is to direct the OPs to register the flat in theschedule B property by receiving the balance sale consideration amount i.e., for the specific performance of the agreement and for compensation and other cost. There is no other alternative relief claimed by the complainant for refund of the advance amount of Rs.16,71,475/- paid by the complainant to the OP.

Under these circumstances, this commission has to consider the total consideration amount of the proposed flat in the B schedule property and it is more than Rs.1,02,65,000/-.  If this commission come to the conclusion to allow the complaint has to pass orders for the specific performance of the alleged agreement i.e., dated 13.09.2023 which is already cancelled or terminated by the OP and it is not at all in existence.  This commission has got the pecuniary jurisdiction only upto Rs.50,00,000/- and it cannot pass any orders or award for a property worth Rs.1,02,65,000/-.  Hence this commission has no pecuniary jurisdiction to try this complaint. Therefore, the complaint has to be returned with a direction to the complainant to present it before the proper jurisdictional commission/court. Hence we pass the following;

ORDER

       Complaint is ordered to return to the complainant to present it before the proper jurisdictional commission/court, since this commission has no pecuniary jurisdiction to try this complaint.