Judgment : Dt.10.3.2017
This is a complaint made by Avijit Kumar Bose, son of Sri Monojit Bose, residing at Nabapalli 1st Lane, P.O.-Joka, P.S.-Haridevpur, Kolkata-700 104 against (1) Rahul Das, proprietor of M/s G.R.S.V.P. Projects, residing at 4, Sister Nivedita Road, P.S.-Haridevpur, Kolkata-700 068, OP No.1 and (2) Bablu Singh of Paula, Pal Para, P.O.-Joka, P.S.-Haridevpur, Kolkata-700 104, OP No.2, praying for recovery from OP No.1 of Rs.50,000/-, paid by the Complainant to the OP as advance of the agreed consideration money and compensation of Rs.2,00,000/- and litigation cost.
Facts in brief are that OP proposed to sale a flat at the price of Rs.42,00,000/- to the Complainant. Complainant paid an advance of Rs.50,000/- to the OP. But OP did not sale the flat to the Complainant. Complainant wanted to give another Rs.1,00,000/-. But, OP refused to receive any further amount. Complainant repeatedly requested OP for refund of Rs.50,000/-. But, OP did not refund the money. So, Complainant filed this case.
OP filed written version and denied allegations of the complaint petition. OP has further stated that he on many occasions requested Complainant to pay price of the flat and get the registration done. But, the Complainant did not pay the price and wanted possession without making payment. Complainant also gave a cheque of Rs.50,000/- which OP did not want. So, the OP has prayed for dismissal of this case.
Decision with reasons:
Complainant filed affidavit-in-chief to which OP filed questionnaire to which Complainant filed affidavit-in-reply. Similarly, OP No.1 filed evidence to which Complainant filed questionnaire and OP made reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion of the complaint, it appears that this complaint has been filed for refund of Rs.50,000/-. However, on perusal of theowH complaint petition, further it appears that the value of the flat in question is Rs.42,00,000/- for which Complainant paid Rs.50,000/- as booking money. So, if that be so, this Forum does not have jurisdiction to pass any order on a flat which is valued at more than Rs.20,00,000/-. Further, common prudence also suggests that the booking money of a flat of which price was Rs.42,00,000/- will be minimum 10% that is Rs.4,20,000/-. As such, we find discrepancy made in complaint and having no jurisdiction and do not have jurisdiction to pass any order.
Hence,
ordered
CC/316/2016 and the same is dismissed on contest.
