Order-11.

Date-22/06/2017.

Parties are present.

            Today is fixed for filing reply by the OP.

            OP files a petition challenging the maintainability of the case. The petition is taken up for hearing.

            Heard both sides. Considered.

            In filing the petition it is stated that value of goods and service involved in this case is Rs.27,20,000/- as per the agreement for sale dated 29.09.2013 and hence the case is not maintainable  before the District Forum.

            Ld. Lawyer for the Complainant vehemently opposes the petition stating that he has prayed for refund of Rs.8,16,000/- along with interest and compensation etc. and as such the case is maintainable before this Forum.

            We find that the value of the flat involved in this case is Rs.27,20,000/- (Rupees twenty seven lacs twenty thousand) only and the Complainant has paid the total amount of Rs.8,41,215/- out of it.

            We think that the chunk of payment of Rs.8,41,215/- and claim for refund of the sum arises out of the total valuation of Rs.27,20,000/- forming as part payment.

            As per Section 11(1) C.P.Act., 1986, the District Forum shall have jurisdiction to entertain complaint where the value of goods, services and the compensation, if any, claimed, does not exceed Rs.20,00,000/- . The value of the goods and service, we find is Rs.27,20,000/- as per agreement for sale dated 24.09.2013.

            Hence, we think that the case is not maintainable before the District Forum on the point of pecuiniary jurisdiction.     

Hence,

Ordered

That the instant petition of maintainability filed on this date is allowed on contest.

The instant case is not maintainable on the ground of pecuniary jurisdiction before this Forum.

Complainant, however, is at liberty to file the case before the Hon’ble State Commission, West Bengal.