20/11/15
HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT
This Appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-II in case no.CC 186 of 2013 dismissing the complaint on the ground that the Learned District Forum had no pecuniary jurisdiction to decide the complaint.
The case of the Complainant/Appellant, in short, is that he booked a flat at “Eden Real Estate Ltd.”, 7, J. L. Nehru Road, Kolkata-700 013. As per terms of the agreement the date of handing over possession should be not later than 30/09/11, but the promoter failed to fulfil the terms of agreement.
The Appellant/Complainant in person has submitted that the purchase value of the flat was above Rs.20 lakh, but the Complainant has not included the purchase value of the flat and in the prayer portion of the complaint there is prayer for compensation only which is within the jurisdiction of the Learned District Forum.
The Learned Counsel for the Respondent has referred to the decision of the Hon'ble National Commission in RP 770 of 2009 [CHL Apollo Hospital & Anr. vs. Dr. (Mrs.) Jasbir Gupta & Ors.].
We have heard the submission made by both sides and perused the papers on record. In paragraph 6(A) of the complaint it has been stated that the Complainant has been allotted a 3BHK flat and he has paid Rs.20,57,238/- out of Rs.22,85,820/-. Evidently, therefore, the total consideration of the flat was above Rs.20 lakh. It has been held by the Hon'ble National Commission in the decision reported in 1996 (2) CPR 26 (NC) [M/s Quality Foils India Ltd. vs. Bank of Madura Ltd. & Anr.] and RP No.2679 of 2011, RP No.2680 of 2011 [P.S. Srijan Enclave & Ors. Vs. Sanjeev Bhargav and Sanjay Dewan] 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. The Learned District Forum was, therefore, justified in dismissing the complaint.
The Appeal is dismissed.
