BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM | OPPOSITE PRAGATI KRISHNA GRAMIN BANK RAJAPUR KUSHNUR ROAD KALABURAGI |
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Complaint Case No. CC/8/2018 |
| | 1. Ata-Ur-Rahaman S/o Abdul Rahaman, | Age: 50 years, Occ: Pvt. Service, R/o. Plot No.73, Near Huda Masjid, Rahamat Nagar, Kalaburagi. | Kalaburagi | Karnataka |
| ...........Complainant(s) | |
Versus | 1. M/s. Green CT Builders & Developers, | No.1-655/GF-15, New Timmapuri Complex, Timmapuri Circle, Station Bazar, Kalaburagi. | Kalaburagi | Karnataka | 2. 2) Feroz Sheriyar S/o late M.A. Aleem, | Age : 45 Years, Occ : Managing Partner, Green CT Builders, Timmapuri Chowk,Kalaburagi. | Kalaburagi | Karnataka | 3. Mohd. Abdul Sattar S/o M.A. Hameed Choohey, | Age : 46 Years, Occ : Partner, Green CT Developers, R/o H.No.4-601/23/E, 1st Cross, Opp : GUDA Garden, M.B. Nagar Colony, Kalaburagi. | Kalaburagi | Karnataka |
| ............Opp.Party(s) |
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BEFORE: | | | HON'BLE MR. NELHAL SHARANAPPA, B.Com., LL.B., Spl, Addl.Charge PRESIDENT | | HON'BLE MR. NAGASHETTY GANDGE M.Com.L.L.B Spl. MEMBER | |
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For the Complainant: | For the Opp. Party: | |
Dated : 31 Mar 2018 |
Final Order / Judgement | :: ORDERS ON admissibility of complaint filed U/sec.12 of Consumer Protection Act 1986 :: - The complainant has filed the complaint U/Sec.12 of Consumer Protection Act 1986 directing the OPs to execute the sale deed of plot No.226 and 262 (membership No.215) which has been formed in layout in Sy.No.58/1/A and 58/1/Aa known as “Dreamland” situated at Kotnoor-D village of taluk and district Kalaburagi on the ground that, the OPs have agreed to sell the said plot in favour of the complainant for a sum of Rs.5,00,000/- each and executed an agreement of sale dated 18.01.2013, but subsequently failed to execute the sale deed in respect of said plot.
- After filing the complaint, an opportunity has been given to the learned counsel appearing for complainant to address the arguments. The learned counsel appearing for complainant has filed gazette notification published in the gazette of India in connection with the Real Estate (Regulation and Development) Act 2016.
- I have perused the said Act. Under the said Act, the Real Estate Regularity Authority has been created for the purpose of the disposal of the cases in connection with the real estate. Sub-section.1 of Section 20 of the said Act deals with creation of the Real Estate Regulatory Authority. The said Act came into force on 25.3.2016. After coming into force of the said Act 2016, all the cases pertaining to the Real Estate shall be dealt with the said Real Estate Authority. Therefore, this Forum is not having jurisdiction to deal with these matters. Hence, this complaint is not fit for admission before this Forum. Therefore, the complaint filed by the complainant deserves to be dismissed. However, the complainant is at liberty to approach the proper authority for seeking his remedy, if he chooses. Hence, we proceed to pass the following;
:: ORDER :: Complaint is not admitted holding that, this District Consumer Disputes Redressal Forum is not having jurisdiction.Accordingly the complaint is hereby dismissed.However, the complainant is at liberty to approach the proper authority for seeking his remedy, if he chooses. Return all the documents filed by the complainant to the Advocate for complainant. No order as to costs. | |
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| [HON'BLE MR. NELHAL SHARANAPPA, B.Com., LL.B., Spl, Addl.Charge] | PRESIDENT
| | [HON'BLE MR. NAGASHETTY GANDGE M.Com.L.L.B Spl.] | MEMBER
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