In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 124 / 2010.
1) Goenka Tradelinks Pvt. Ltd.,
103, Dum Dum Road, Kolkata-700030.
2) Avishek Goenka,
Sun & Sand, 3rd Floor, 110/B, Moulana Abul Kalam Azad Sarani, Kolkata. ---------- Complainant
---Versus---
1) Indiabulls Financial Services Limited,
15, Asutosh Mukherjee Road, Kolkata-700020. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 1 9 Dated 3 0 / 0 3 / 2 0 1 2 .
Today is fixed for delivery of judgment.
We have gone through the entire materials on record. It is the averment of the complainant himself that he made payment of Rs.16,49,520/- in 15 instalments out of six instalments @ Rs.1,09,968/- towards repayment of total loan amount of Rs.30 lakhs including interest. Now as per averment of the complainant a sum of Rs.23,09,328/- is payable to o.p. by complainant as per agreement executed by the parties to this case and this position has not been denied by either of the parties. that apart complainant has prayed for compensation of Rs.10 lakhs and litigation cost of Rs.50,000/- as per prayer portion of the petition of complain t vide para 29.
In view of this position we are of the view that the claim preferred herein is above Rs.20 lakhs which is beyond the pecuniary jurisdiction of this Forum.
That being the position the instant case is not maintainable herein this Forum for want of pecuniary jurisdiction and complainant is at liberty to file the instant case in the appropriate Forum on the selfsame cause of action.
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MEMBER MEMBER PRESIDENT
