Jharkhand

Purbi Singhbhum

CC/11/2011

Bithal Kumar Agrawal - Complainant(s)

Versus

M/s Crystal Promotors & Developers - Opp.Party(s)

Mr. P. Pradhan

05 Mar 2011

ORDER

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Complaint Case No. CC/11/2011
( Date of Filing : 10 Feb 2011 )
 
1. Bithal Kumar Agrawal
R/o 1/2 First Floor , Crystal Kaveri Apartment , New L- Town , Kaveri Road , P.O & P.S Sakchi , Jamshedpur
Purbi Singhbhum
Jharkhand
...........Complainant(s)
Versus
1. M/s Crystal Promotors & Developers
Crystal Place , H.No 313, Bhalubasa , P.S. Sitaram dera , Jamshedpur
Purbi Singhbhum
Jharkhand
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Mr. Ramanuj Narayan PRESIDENT
 HON'BLE MR. Mr. S.C . Mishra MEMBER
 
PRESENT:
 
Dated : 05 Mar 2011
Final Order / Judgement

The complainant has been filed by Bithal Kumar Agrawal Claiming compensation of Rs. Five Lacs only on the allegation of after selling the flat by registered deed and handing over the possession to the complainant , the Op had allowed a mobile tower which is hazard to the health of the complainant and other persons residing in the locality and registration of undivided share in the apartment . 

                       We have perused the record . 

                        In para-4 of the complainant it is specifically mentioned that the op received full consideration amount of rs. 3960000/ from the complainant executed registered sale deed no 992/09 dated 18.02.09.

                        The learned lawyer for the complainant pointed out that this averment in para -4 does not exclude the jurisdiction of this Forum and tried to submit that the complainant has claimed compensation of Rs. Five Lacs only and hence the valuation of the case goes to Rs. 39,60,000/- if the compensation amount claimed is added to this valuation the total valuation of the case goes to Rs. 44,60,000/- As the pecuniary jurisdiction of the Forum is limited to Rs. 20 lacs only . Hence the contention of the learned lawyer for the complainant is not tenable and we are of the opinion that this complainant is beyond the pecuniary jurisdiction of the Forum and hence the complainant is not entertainable and it is fit to be rejected and accordingly this present complainant is rejected under Sec 12(3) of the Consumer Protection Act . 

 
 
[HON'BLE MR. JUSTICE Mr. Ramanuj Narayan]
PRESIDENT
 
 
[HON'BLE MR. Mr. S.C . Mishra]
MEMBER
 

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