Hon’ble Mr. Kamal De, Presiding Member
Order No. : 02
Date : 22.09.2021
Complainant is present through Ld. Lawyer.
Today is fixed for admission hearing of the case.
The case is taken up for admission hearing.
Heard Ld. Lawyer for the complainant. Considered.
It appears that the complainant has filed the instant case in respect of scheduled property as stated in the petition of complaint, the total consideration of which is Rs. 66 lakh and it is also stated that principal OPs have taken part consideration amount in different instalments but have not taken any step to possession for the schedule property.
It is also stated that the valuation of the scheduled property has increased in the meantime.
Perused the petition of complaint and the annexure thereto including the Deed of Agreement for sale dated 5th March, 2016.
It appears that the complainant has paid an amount of Rs. 43 lakh in different instalments out of total consideration of Rs. 66 lakhs.
Section 47 (1) (a) (i) of C.P. Act 2019 envisages that
State Commission shall have jurisdiction to entertain the complaint where the value of the goods and services paid as consideration exceeds Rs. 1 crore but does not exceeds Rs. 10 crore.
We give special stress on the words “value of the goods and services paid as consideration exceeds Rs. 1 crore but does not exceeds Rs. 10 crore”.
We find that the complainant has paid Rs. 43 lakh as part consideration as it appears from the payment schedule appearing backside of the Deed of Agreement for sale dated 05.03.2016. The actual amount paid is Rs. 43 lakh.
We are afraid this Commission can only entertain the complaint whether the value of goods or service paid as consideration exceeds Rs. 1 crore but does not exceeds Rs. 10 crore.
We think that the case is barred on the point of pecuniary jurisdiction in this Commission.
There is also no scope of assessing future or present valuation of the property, as argued by the Ld. Lawyer for the complainant in entertaining a complaint. .
Hence,
Ordered
The instant case is dismissed being not maintainable on the point of pecuniary jurisdiction, in this Commission.
We make no order as to cost.
