| Complaint Case No. CC/27/2022 | | ( Date of Filing : 07 Mar 2022 ) |
| | | | 1. Smt. Rupa Ghosh | | W/o, Shankar Ghosh. Baikunthapur Baguipara, P.O.- Rajpur, P.S.- Sonarpur, Dist- South 24 Parganas, Pin- 700 149. |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Snigdhaner Construction & Others | | Tribeni Apartment, Garia Main Road, Garia, Kolkata- 700 084. | | 2. Biman Bhattacharjee | | S/o, Lt Bimal Bhattacharjee. Kalyani Villa (Opposite to Yuba Tirtha Club beside Sristi Apartment), Madhya Fartabad, E.M.Byepass, South 24 Parganas, Pin- 700 084. | | 3. Bidhan Bhattacharjee | | S/o, Lt Bimal Bhattacharjee. Kalyani Villa (Opposite to Yuba Tirtha Club beside Sristi Apartment), Madhya Fartabad, E.M.Byepass, South 24 Parganas, Pin- 700 084. | | 4. Pranab Kumar Mukherjee | | S/o, Lt Shashibhusan Mukherjee. 66, Green Park, Narendrapur, P.O.- Narendrapur, P.S.- Narendrapur, Dist- South 24 Parganas, Kolkata- 700 153. | | 5. Kalyani Mukherjee | | W/o, Lt Arun Kr. Mukherjee. 157, Aghore Sarani, Baikunthapur, P.O.- Rajpur, P.S.- Sonarpur, Dist- South 24 Parganas, Kolkata- 700 149. | | 6. Srabani Mukherjee | | D/o, Lt Arun Kr. Mukherjee. 157, Aghore Sarani, Baikunthapur, P.O.- Rajpur, P.S.- Sonarpur, Dist- South 24 Parganas, Kolkata- 700 149. | | 7. Archana Mukherjee | | W/o, Lt Ashim Mukherjee. Kamalgazi Mohan Garden, P.O.- Narendrapur, P.S.- Sonarpur, now Narendrapur, Dist- South 24 Parganas, Pin- 700 153. | | 8. Amit Mukherjee | | S/o, Lt Ashim Mukherjee. Kamalgazi Mohan Garden, P.O.- Narendrapur, P.S.- Sonarpur, now Narendrapur, Dist- South 24 Parganas, Pin- 700 153. | | 9. Anindita Mukherjee | | D/o, Lt Ashim Mukherjee. Kamalgazi Mohan Garden, P.O.- Narendrapur, P.S.- Sonarpur, now Narendrapur, Dist- South 24 Parganas, Pin- 700 153. | | 10. Smt. Tapasi Ghosh | | W/o, Lt Gour Chandra Ghosh. Rajpur, Jogipara, P.S.- Sonarpur, Dist- South 24 Parganas, Pin- 700 149. | | 11. Puja Ghosh | | D/o, Lt Gour Chandra Ghosh. Rajpur, Jogipara, P.S.- Sonarpur, Dist- South 24 Parganas, Pin- 700 149. | | 12. Rajib Ghosh | | S/o, Lt Gour Chandra Ghosh. Rajpur, Jogipara, P.S.- Sonarpur, Dist- South 24 Parganas, Pin- 700 149. |
| ............Opp.Party(s) |
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| Final Order / Judgement | HON’BLE MR. JUSTICE MANOJIT MANDAL,PRESIDENT This is to consider a Complaint Case U/s 47 of the Consumer Protection Act, 2019 filed by the complainant praying for delivery of possession of the flat (owner’s allocation) as mentioned in Schedule-B to the complaint with completion certificate alternatively to pay Rs.40,00,000/- to the complainant in lieu of flat of owner’s allocation and to pay compensation and damages etc. The fact of the Complaint case is that , the complainant and the proforma Opposite Parties no. 4 to 12 being co-owners of land measuring 15 cottahs 13 chitaks 32 sq.ft appertaining to Dag no. 2203 , Khatian no.7, Dag no. 2210/ 2950 Khatian no.3, J.L. no.37, Touzi no. 109 mouza Baikunthapur, P.S. Sonarpur, District South 24 Parganas had entered into an agreement on 9.11.2005 with OP NO.1 Construction firm represented by OP Nos. 2 and 3 for raising construction of the building. Accordingly land owners executed a registered power of attorney in favour of O.P.Nos. 2 and 3 authorizing them to raise construction. The non-fulfilment of the said promise as per the agreement led the complainant to lodge this complaint case before this Commission. The complainant has prayed for passing an order directing the Opposite Parties to deliver possession of the flat as mentioned in the Schedule-B to the complaint with completion certificate , alternatively to pay Rs.40,00,000/- to the complainant in lieu of flat of owners’ allocation and to pay damages, compensation etc. It transpires from the major information of the deed annexure to the petition of complaint, that value of the total 14 cottah 6 chatak 3 sq.ft. of land is Rs.1,43,79,176/- and the complainant is one of the owner’s among other 10(ten) co-owners. . On careful perusal of the petition of complaint it appears that the complainant has filed this Complaint case alone and she has sought for relief for her portion only and she has prayed for enforcement of the agreement so far it relates to her. This being the situation, the valuation of the instant Complaint case should have been done for her undivided portion only but in this case she has showed the valuation of the whole property which includes other co-sharers who are not seeking any reliefs before us. Under this facts and circumstances within the ambit of the instant Complaint case does not come within the pecuniary jurisdiction of this Commission since this Commission will now have jurisdiction for valuation of Rs.50 lakh to 2 Crores. Thus on consideration of the facts as disclosed by the materials placed before us and the matter applicable to this case, we are of the opinion that this Commission has no pecuniary jurisdiction to entertain the Petition of complaint filed by the complainant alone. In the result, the Petition of complaint be and the same is returned to the filing Advocate of the complainant for presenting the same before the proper Commission. The Complaint Case is disposed of accordingly. | |
