Order No.:21, Date:02.04.2015.

Today is fixed for delivery of order.

This order has arisen out of a verified petition dated 19.03.2015 filed by the complainants praying for permission to withdraw the case with liberty to file the same to appropriate Forum. In supporting of their above petition, the complainants also filed two relevant observations of the Hon’ble State Commission, Kolkata made in Sri Kashinath Jiswal vs Sri Swapan Kumar Mukherjee and ors, reported in (2014) 3 WBLR (CPSC) 677 and in M/s S. K. Enterprise vs Sri Mrinal Maity (an unreported case), this order passed on 18.06.2014.

On perusal of the petition dated 19.03.2015, it has been revealed that during the pendency of this case the complainants came to know that “the total value of the property is included in the pecuniary Jurisdiction” and according to the complainants in this instant case the total value of the flats of the complainants including the amount of compensation claimed exceeds the amount of rupees twenty lakhs which is not within the pecuniary jurisdiction of the District Forum. As such the complainants have filed the above noted petition. The O.P. No.2 & 3 raised objection. On perusal of the record it reveals that this case was fixed for ex-parte hearing against the Proforma O.P. No.4 as per order No. 05 dated 25.06.2014 of this case.

Heard the petition dated 19.03.2015 from both parties.

Considered the petition dated 19.03.2015 and also two rulings cited by the complainants.

The ground mentioned in the petition dated 19.03.2015 is sufficient.

Hence, it is

ORDERED,

That the petition dated 19.03.2015 for withdraw of this case is allowed and accordingly the complainants are permitted to withdraw this case with liberty to file this case on same cause of action before the appropriate Forum subject to payment of cost of Rs.1,000/- payable at West Bengal Consumer Welfare Fund.

This case being No.CC-30/2014 is thus disposed of on withdrawal.

Let copies of this order be supplied to the parties free of cost.

Order No.:22, Date:02.04.2015 (Later).

The cost of Rs.1,000/- is paid by the complainants to comply the order No.21, dated 02.04.2015.

In view of the above position it is directed to the Registrar, of this Forum to take necessary arrangement for depositing the said amount to the Consumer Welfare Fund, West Bengal.