Karnataka

Gulbarga

CC/9/2018

Mrs. Javeeria Afreen W/o Abdul Qayyum, - Complainant(s)

Versus

M/s. Green CT Builders & Developers, - Opp.Party(s)

Sri. K. Madan Mohan Adv

31 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
OPPOSITE PRAGATI KRISHNA GRAMIN BANK RAJAPUR KUSHNUR ROAD KALABURAGI
 
Complaint Case No. CC/9/2018
 
1. Mrs. Javeeria Afreen W/o Abdul Qayyum,
Age: 50 years, Occ: Household, R/o. H.No.5-9-340, A.R. Cottage, Behind Jabbar Petrol Pump, Chidri Road,Badruddin Colony, 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
............Opp.Party(s)
 
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
 
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 ::

  1. 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.25 (membership No.78) 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 Kalaburagi 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.4,00,000/- and executed an agreement of sale dated 16.8.2011, but subsequently failed to execute the sale deed in respect of said plot.

 

  1. 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.

 

  1. 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.

 

 
 
[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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