Judgment : Dt.5.1.2018

Shri S. K. Verma, President

            This is a complaint made by (1) Ahmed Ali Khan, s/o Mozaffar Ali Khan, (2) Anindita Khan, w/o Ahmed Ali Khan, both are of Kanjial Para, (Aam Bagan), Rajarhat, Kolkata-700 135 against M/s Venus Construction, having its office at  B/3 East Rajapur, Santoshpur, P.S.-Purba Jadavpur, Kolkata-700 075, represented by its proprietor Sri Bijoy Haldre, s/o Late Nemai Halder, of A/17/1 East Rajapur, P.S.-Purba Jadavpur, Kolkata-700 075, OP, praying for a direction upon the O.P. to refund the consideration price of Rs.12,00,000/- with interest @ 9% p.a. and compensation of Rs.1,00,000/- and litigation cost of Rs.25,000/-.

            Facts in brief are that OP is a developer and engaged with development and construction business. OP with a view to develop the land measuring about 495.448 sq.metre more or less, comprised in Mouza – Rajapur, J.L.No.23, Touzi No.109, Re. Su. No.14, C.S.Dag No.975, R.S.Dag No.1024, under C.S.Khatian No.148, R.S.Khatian No.561, under P.S.-Survey Park, Premises No.242 Rajapur East, under KMC Ward No.103. The development agreement was duly registered before the D.S.R. III, Alipore and duly recorded at Book No.I, CD Volume No.22, pages from 304 to 343, being No.10748 for the year 2012. Thereafter the land lord executed a registered general power of attorney in favour of the OP, Bijoy Halder, proprietor of M/s Venus Construction. OP started to take consideration price of the proposed flats. But, he did not start the construction work. OP entered into an agreement for sale with the Complainants for the purpose of selling a flat of 1200 sq,ft, super built up area with a car parking space of 120 sq.ft. in the ground floor of G+3 storied building. As per agreement for sale the consideration price of B schedule mentioned was fixed at Rs.37,00,000/- and  cost of which the Complainant paid Rs.12,00,000/-. However, OP did not hand over the flat to the Complainants and so, Complainant filed this case praying for refund of Rs.12,00,000/- and compensation and litigation cost.

            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 with certain documents.

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

            In this regard, it appears from Paragraph 9 of the complaint petition that the price of B schedule property of which there was an agreement for sale was fixed at Rs.37,00,000/- out of which Complainant paid Rs.12,00,000/-.

            Since the price was Rs.37,00,000/-, this Forum does not have jurisdiction to adjudicate this complaint, because the value of the flat is beyond the pecuniary jurisdiction of this Forum.

Hence,

ordered

             CC/402/2017 and the same is dismissed