The case of the complainant in a nutshell is that the complainant made agreement with Ops for purchasing a flat. The total consideration money was fixed at Rs.38,52,500/- as per para 4 of the complaint petition. It is stated by the complainant that OP collected Rs.1,11,870/- from the complainant illegally. Thereafter , payment has been in different time and different modes but the said flat was not as per agreement for which the flat owners are facing different types of difficulties in enjoying the flat i.e. the complainants are not getting supply of light, open space etc. There was no open space in the ground floor which has not been done in accordance with the sanction plan. The oPs did not make any attempt to relief the suffering to the complainant and other flat owners. Hence, this complaint.
The Opposite party filed Written version denying inter alia all the material allegations. The case of the op is that they have complied the agreement and as per agreement the flat has been given to the complainant. They sold the flat to the petitioner at a consideration price of Rs.37,22,586/- and registration has been made. Accordingly, the oP states that the complainant’s case should be dismissed.
Upon pleadings, Written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether this Forum has pecuniary jurisdiction to adjudicate the complaint case ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS
Point no.2
It is stated by the complainant himself in paragraph 4 of the complaint /petition that the price of the flat was fixed at Rs.38,52,500/- which is calculated @
Rs.2486/- per sq.ft. total area of the flat 1550 sq.ft. Flat no.202 at 2nd floor. Accordingly, when this is the value of the goods/flats which is over the jurisdiction of this forum. Op also has supported this price in their Written version. Accordingly, considering the pecuniary jurisdiction of this forum, we are of opinion that this case is not maintainable in this forum.
Therefore, other points are not required to be discussed. Hence it is
Ordered
That the CC no. 87 of 2016 be and the same is dismissed on contest as this Forum has no pecuniary jurisdiction.
Let a copy of this order be made over to the parties free of cost.