West Bengal

Hooghly

CC/23/2024

RAMESHWARI OJHA - Complainant(s)

Versus

JITENDRA SINGH OF AKANSHA INFRASTRUCTURE - Opp.Party(s)

MAHUA CHATTERJEE

06 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Complaint Case No. CC/23/2024
( Date of Filing : 15 Feb 2024 )
 
1. RAMESHWARI OJHA
BONDER BILL , P.O AND P.S- DANKUNI, DIST - HOOGHLY, 712311
HOOGHLY
WEST BNEGAL
...........Complainant(s)
Versus
1. JITENDRA SINGH OF AKANSHA INFRASTRUCTURE
91/1/10 DHARMATALA RD, P.O- BELURMATH, P.S- BALLY, 711202
HOWRAH
WEST BENGAL
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 06 Mar 2024
Final Order / Judgement

Today is fixed for further admission hearing.

Complainant is found present and ready.

Complainant has filed Xerox copy of the tax receipt and record of rights. Let them be kept with the record.

Heard and considered submission of the complainant.

Perused and examined the documents filed by the complainant.

From the case record it is reflected that this case has been filed along with other three complaint cases being no. 22 of 2024, 24 of 2024 and 25 of 2024 and all these four cases have been filed on the basis of one single development agreement. As per Section 35 it is crystal clear that the complainants of these four complaint cases could have jointly filed this complaint case but in that event there was strong possibility of exceeding pecuniary limitation of the jurisdiction. In view of this position it is crystal clear that the complainants of all the above noted four complaint cases have filed these complaint cases separately to attract the pecuniary jurisdiction of this District Commission.

All these matters are clearly reflecting that this District Commission has not pecuniary jurisdiction to try the above noted complaint cases.

When this District Commission has not pecuniary jurisdiction to try the above noted complaint cases, this District Commission has no other alternative but to dismiss the said complaint cases.

In the result, it is accordingly,

ordered

that  this instant complaint case is not admitted and this case is dismissed.

No order is passed as to costs.

Let the complaint petition be returned to the complainant for filing the same before the appropriate Forum.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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