ORDER SRI.J.N.HAVANUR, PRESIDENT This is a complaint filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pass an order, directing the OP to handover the possession of the three bedroom apartment bearing No.TINTORETTO-VG206 situated in the second floor, Yelahanka Hobli, Bangalore North taluk, to pay a sum of Rs.19,99,980=00 towards monetary loss, and to pay interest at 12% on the total amount of Rs. 60,61,727=00 paid to the OP, and to remove the claim of interest amount of Rs.3,74,571=00 from 10-5-2009. After filing the complaint, we have heard the arguments of the complainants, at the stage of admission. We have gone through the averments of the complaint and relevant documents of the complainants. On the perusal of the complaint in para no.5, it is stated that the OP had collected from the complainants a sum of Rs.60,61,727=00 which includes all land space and constructions covered for the amount of Rs.51,44,200=00, and also other provisions including service tax, VAT, advance maintenance, KPTCL and BWSSB charges and club membership. The copy of the legal notice dated 12-11-2011 produced at document no.C-6 discloses that the complainants have paid a sum of Rs.60,61,727=00 to the OP towards price of the flat as per the agreement. The said averment of the complaint and copy of legal notice do disclose that the complainants have paid a total sum of Rs.60,61,727=00 to the OP. As per section 11 of the Consumer Protection Act, 1986, it is made crystal clear that, the District Forum shall have jurisdiction to entertain the complaint, where the value of the goods or service and the compensation, if any claimed does not exceed Rs.20 lakhs. So, looking to the averments of the complaint of the complainants and copy of the legal notice, on the back ground of Section 11 of the Consumer Protection Act, 1986, it is no doubt true that, the value of the flat booked by the complainants exceeds Rs.20 lakhs. So this forum does not get jurisdiction to entertain the complaint and grant relief. The complainants are directed to file this complaint before the proper court/forum and ventilate their grievances and accordingly, we proceed to pass the following order. ORDER Return the complaint of the complainant for presentation to the proper court/forum, and return all the original documents to the complainants. Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 23/01/2012. MEMBER PRESIDENT |