DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 129 of 2015
Date of filing: 08.6.2015 Date of disposal: 16.12.2015
Complainant (s): 1. Sanjib Kumar Ghosh, S/o. Sri Rabindranath Ghosh.
2. Sumana Mukherjee Ghosh, W/o. Sri Sanjib Kumar Ghosh, both are resident of Netaji Subhas Pally, Pritilata Street, Durgapur – 713 201.
-V E R S U S-
Opposite Party: 1. M/s. Suneer Construction, service through its Managing Partner, Dena Bank Building, 2nd Floor, Near Dhaldighi Petrol Pump, G.T.Road, Burdwan – 713 101.
2. Subhayu Sil, Managing partner of M/s. Suneer Construction, having residential address at 3 No. Ichlabad, PO: Sripally, Opposite of Ichlabad High School, PS. & District: Burdwan, PIN- 713 103, W.B.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Debdas Rudra.
Appeared for the Opposite Party: None.
J U D G E M E N T
This complaint is filed u/S. 12 of the C.P. Act, 1986 with the prayer for an award directing the Ops to hand over possession and to register the sale deed related to the flat in question, in default to repay Rs. 11,44,000=00 together with interest @18% and further direction as deem fit and proper.
The brief fact of the complaint is that the complainants booked a residential flat with M/s. Suneer Construction which is a partnership firm having its registered office at Subhas Pally, Gurudasi Para, Burdwan-713 101 by depositing an amount of Rs. 25,000=00 vide receipt dated 29.3.2014. That flat was said to be constructed by M/s. Suneer Construction (OP) over the land/plot of 3144 sq. ft. area at P.C. Mitra Lane, Burdwan. Thereafter the complainants deposited different amounts in different occasions totalling of Rs. 6, 00,000=00 having valid receipts as advanced for booking and an agreement of sale was executed on 22.4.2014. The flat was scheduled to be handed over to the complainants on 22.10.2014. The remaining /balance amount would have to be paid at the time of registration of deed of sale. In the meantime the complainants deposited further amount of 4, 34,000=00. On due date i.e. on 22.10.2014 the registration process was not performed by the OP and the date of execution was further extended for another four months i.e. on 22.02.2015 making a further agreement to that effect. Again registration process was failed i.e. the relevant registration process and the relevant flat was not handed over to the complainants. Till date flat was not handed over even after repeated request from the complainants and a letter from a ld. Advocate of Burdwan District Court. Hence this case with the payer as mentioned above.
Inspite of service of notices upon the Ops they did not appear in this case and did not contest the case by filing written version and adducing any evidence. Accordingly the case was heard ex parte against them.
Decision with reasons:-
To establish their case the complainants have relied upon the evidence on affidavit and Xerox copy of bunch of documents related to the claim of the complainants. To decide whether there is any deficiency or negligence on the part of the OP it is essential to decide whether this Forum has jurisdiction to try this case. By filing this complaint the complainants have prayed to hand over possession and to register the sale deed related to the flat in question mainly. On perusal of the documents it is seen that the cost of the flat is as per document Rs. 31, 45,550=00 regarding which the ld. Advocate for the complainants kept him mum. This Forum has pecuniary jurisdiction up to Rs. 20, 00,000=00 which is less than the cost of the flat in question. So, the payer of the complainant should be dismissed being lack of pecuniary jurisdiction.
Fees paid is correct.
Hence, it is
O r d e r e d
that the Consumer Complaint no. 129/2015 is dismissed ex parte without cost.
Let plain copies of this judgment be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
