West Bengal

Paschim Midnapore

CC/45/2016

Debasish Haldar - Complainant(s)

Versus

Goutam Kumar De and another. - Opp.Party(s)

Kuhu Chatterjee

19 Apr 2016

ORDER

                                                                 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

   

Complaint Case No.45/2016

 

Debasish Haldar……………………………………..Complainant.

 

-     Vs.  –

 

Goutam Kumar De and another……………………………Op / Ops.

 

Order No. 2.                                                                                              Date : 19/04/2016

 

                    Complainant files hazira. Case record is taken up for admission hearing. Perused the case record and the documents filed by the complainant.

                   Heard the complainant in person.

                   Considered.

                   This complainant has been filed praying for certain reliefs for deficiency in service in respect of the flat in question so purchased by the complainant from the O.P. It is alleged that the complainant that he has not been provided for possession of the specified car parking space, the certified copy of building completion certificate by the O.P. It is also alleged that certain rectification on the wall and broken marble floor are also required to be done but inspite of several request O.P. took no action and for such deficiency in service  this complaint has been filed praying for reliefs amounting to Rs.8,05,000/-.

                    From the copy of sale deed so filed by the complainant in this case we find that the value of the flat in question 27 lakhs. It is the settled law that the determination of pecuniary jurisdiction in report of a dispute regarding   service relating to housing would include the value of the property as whole as well as the compensation demanded in the complaint. As in the present case the dispute relating to the value of the  flat in question and the reliefs claimed regarding the service there of is above 20 lakhs, so we are of the view that this Forum has no pecuniary jurisdiction to try this case. The petition of complaint is therefore not admitted as this Forum has no pecuniary jurisdiction to entertain this case. Accordingly the petition of complaint is dismissed for want of pecuniary jurisdiction.

                    Let plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me

                  Sd/-                                       Sd/-                        Sd/-                          Sd/-

              President                               Member                 Member                  President

                                                                                                                     District Forum

                                                                                                                 Paschim Medinipur