ORDER REGARDING ADMISSION OF THIS COMPLAINT
SRI.D.KRISHNAPPA, PRESIDENT,
The complainant has filed this complaint against the Opposite part (herein after called as OP) claiming to had entered into an agreement for purchase of a flat with the OP for a sum of Rs.24 lakhs. It is further alleged that, when the OP told them that, the value of the property agreed to be sold was Rs.28 lakhs and not Rs.24 lakhs, he stated to had agreed and was compelled purchase the flat for a total consideration of Rs.28 lakhs and has prayed for a direction to OP to pay interest of Rs.11,03,375=00 on the sale consideration paid Rs.24,25,000=00, to direct the OP to deliver possession of the flat after completion of the work and other reliefs.
2. Considering the admitted fact that, the subject matter involved in this complaint is a flat agreed to be purchased for Rs.28 lakhs as stated in para-6 of the complaint and the complainant has paid Rs.24,25,000=00 to the OP, this forum felt that the value of the subject mater is beyond the pecuniary jurisdiction of this forum and therefore the complaint is not maintainable. The learned counsel representing the complainant submitted that, he is asking for a relief of payment of interest and other compensation, which is not exceeding the pecuniary jurisdiction of this forum and submitted that the complaint is maintainable. But, he has conceded that, the complainant is seeking delivery of possession of the flat after completion of the construction work. Therefore, for the purpose of deciding the pecuniary jurisdiction of this forum, the forum has to taken into consideration the substantiate relief sought in this case. Though the complainant has sought for possession of the flat in para-B of the prayer column, but seeking delivery of the possession of the flat is a substantiate relief, and other relief are ancillary to it. The dispute of the complainant in this complaint is nothing but the OP in not completing the construction and not delivering possession of the flat worth morethan Rs.24 lakhs. That being so the complaint in our view is not maintainable before this forum.
3. The learned counsel appearing for the complainant has filed a certified copy of the order of the Hon’ble State Commission passed on 3-2-2011 in the complaint No.297/2010 under which the Hon’ble State Commission on the submission of the counsel for the complainant who sought permission of the Hon’ble State Commission to withdrawn the complaint with liberty to file it before jurisdictional district forum returned the complaint for presenting it before the competitive District Forum. But, in the course of his submission, the learned counsel representing the complainant conceded, that the value of the subject matter of this complaint is morethan Rs.24 lakhs and delivery of possession of the flat is involved considering those facts, this forum in our view lacks pecuniary jurisdiction to entertain the complaint as such, the same is ordered to be returned to the complainant for presenting it before the competent authority. Office to return entire file to the complainant for necessary action as indicated above.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 1st March 2011.
Member Member President
