Judgment : Dt.18.1.2018

Shri S. K. Verma, President

            This is a complaint made by Pascal Co-operative Housing Society Ltd., having its registered office at 117/C, Biren Roy Road (West), Behala, P.S.-Parnasree, Kolkata-700 061, represented by its Chairman and a member Mr. Anjan Kumar Dey against Mr. Abhijit Dasgupta, Managing Director, Life Engineering Services Pvt. Ltd, 35, Chittaranjan Avenue, Kolkata- 700 012 praying for a direction upon the O.P. to complete the installation work of LIFT as early as possible, a direction for interest from the date of execution of the agreement till realization of the amount @ 16% p.a., Rs.2,00,000/- for damages for mental agony, pain physical suffering and harassment and Rs.30,000/- as litigation cost.

            Facts in brief are that Complainant Mr. Anjan Kumar Dey is a peace loving and law abiding citizen of India and has his office at 117/C, Biren Roy Road (West), Behala, P.S.-Parnasree, Kolkata-700 061. Complainant Mr. Anjan Kumar Dey is a bona fide member of Pascal Cooperative Housing Pvt. Ltd. and the construction of the building of aforesaid Cooperative Society situated at CA-22, Rajarhat, New Town, Kolkata. Due to some reliable sources Complainant as a Chairman and other members contacted the OP Mr. Abhijit Dasgupta, Managing Director of Lift Engineering Services Pvt. Ltd. Thereafter several communications were made between the Complainant and the OPs over phone. After full satisfaction both the parties agreed  to enter into an agreement which was made between them OP agreed to erect the installation work of lift at CA-22, Rajarhat, New Town, Kolkata, with a consideration amount of Rs.4,90,000/-, inclusive of all taxes and the same was executed on 4.2.2016 and the first payment of 15% of the consideration amount was paid as per the agreement. The OP admitted to complete the installation work of lift within six months from the date of confirmed order i.e. by . 3.8.2016. As per the aforesaid agreement, Complainant already paid 85% of the agreed amount i.e.Rs.4,16,500/- within the stipulated period. All the cheque amount and cash amount was received by the authorized agent-cum-cashier Tapan Halder for Lift Engineering Services Ltd. as per the instruction of the OP and the cash amount was received for the License purposes of installation work and the money receipt was issued to the Complainant by the agent of OP and the OP handed over a letter for granting the Form-A as a first step to the Complainant. As per the agreement Complainant complied all the formalities and full payment. But the OP did not execute the installation work of lift except some negligible work – fixing of door, post. Even the materials required for the execution of work were not delivered. Complainant made several communications. But OP did not take any step. Finally, Complainant along with other members of the Coopertive Society personally met OP on24.8.2016 at Chitta Ranjan Avenue and requested to complete the installation work as per agreement. On the same dt.24.8.2016, OP issued a letter to the Complainant, where the OP apologized for the delay in the procurement of lift installation  and also agreed to complete the installation process by September, 2016. However, OP did not complete the work. Thereafter Complainant asked for the refund of payment and also for the cost. On several occasions OP made false commitments, at last wrote a letter to the OP on 6.1.2017 for providing and installation of one lift with all accessories at the building of CA-22, Rajarhat, New Town, Kolkata within 20.1.2017 as final intimation from the registered office of Pascal Cooperative Housing Society Ltd, Biren Roy Road and the same was received by the OP. But that also did not yield any result. As a first step, Complainant on 21.2.2017 lodged a written complaint against the OP to the Deputy Secretary, Consumer Affairs Dept. But OP did not settle the grievances and so, Complainant filed this case.

            OP did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint petition, it appears that the Complainant has prayed for completion of the installation work of lift as early as possible and also for 16% interest on the amount paid to the OP and also for compensation to the tune ofRs.2,00,000/- for mental agony and harassment and Rs.30,000/- as litigation cost.

            At the outset, it appears that Complainant as Chairman of the Pascal Cooperative Housing Society whose office is located at Biren Roy Road and Anjan Kumar Dey as member of Pascal Cooperative Housing Society whose construction work is fabricated at CC-22, Rajarhat, New Town, Kolkata. It appears that lift was to be installed at Rajarhat. Complainant filed this case as because OP did not complete the installation work of lift at Rajarhat. So, it is clear that neither OP nor the Complainant’s  lift work was to be taken under the jurisdiction of this Forum.

            As such, we are of the view that this Forum does not have territorial jurisdiction to adjudicate the dispute brought here.

            In the circumstances, Complainant is not entitled to any relief.

Hence,

ordered

             CC/521/2017 and the same is dismissed on the ground that this Forum has no territorial jurisdiction.