Order Date: 28.09.2022.

            Today is fixed for passing order in respect of M.A. case being No. 23/2020.

          Complainant files hazira. OP Nos. 1 & 2 also files hazira separately.  

          OP No.1 on 27.01.2020 has filed this M.A. Case being No. 23/2020 praying for dismissing the case as the same is not maintainable before this Forum on the ground that the OPs is providing lesser Flat area along with a prayer for non-providing common amenities in the entire complex namely Sparkling and the complainant has valued the complaint case Rs. 4,50,000/- only.

As per 17(1)a(i) of the Consumer Protection Act 1986 pecuniary jurisdiction of District Forum will be Rs.20,00,000/- which includes value of the goods, compensation and cost of litigation. But the complainant ought to have taken valuation of the entire apartment and entire complex to set his pecuniary jurisdiction.

The complainant has filed written objection against the M.A. Case being No. 23/2020 denied the material allegation and projected various grounds against the M.A. Case. He also prayed for rejection of the M.A. Case which supported by an affidavit.

Perused the petition and complaint and the case record. The complainant submitted that he has deposited the necessary I.P.O. along with his complaint as per provision of law and valuation of the case and prays rejection of the M.A. Case being No. 23/2020.

Before filing this M.A. Case by the OP, the case was in the stage of filing reply by the OPs i.d. necessary order would be passed and it was in that stage for a long period. It also appears from the record that the evidence of the complainant has been completed and the OP Nos.1 & 2 filed questionnaire against the evidence of complainant. The complainant filed replies to those questionnaires. The OPs also gave evidence and the complainant filed questionnaires against the evidence of the OPs.  On 27.01.2020, OPs filed replies and on that very date the M.A. Case being No. 23/2020 has been filed. Therefore the trial case is yet to be concluded. Accordingly, it would be proper and justified to dispose of the application of the M.A. Case at the time of conclusion of the trial.

          Hence, it is

                                                           ORDERED

that this M.A. Case being No. 23/2020 be and the same is disposed of but without any cost.

          The C.C. Case No. 218/2017 be fixed for hearing of arguments.

          Let a copy of this order be supplied to the parties on free of cost.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

                     Member                                                                   President

     D.C.D.R.C , Purba Bardhaman.                                    D.C.D.R.C , Purba Bardhaman