West Bengal

Siliguri

CC/77/2018

SMT. DEBJANI CHAKRABORTY - Complainant(s)

Versus

S.P. DEVELOPERS - Opp.Party(s)

DEBDIP DUTTA

03 Aug 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/77/2018
( Date of Filing : 12 Jul 2018 )
 
1. SMT. DEBJANI CHAKRABORTY
W/O SRI SUDIP CHAKRABORTY,R/O OLD BUS STAND, SUBHAS PALLY, WITHIN WARD nO.18,S.M.C, P.O & P.S.- SILIGURI,DIST-DARJEELING.
...........Complainant(s)
Versus
1. S.P. DEVELOPERS
PARK PALACE, AC MARKET, B-22, 2ND FLOOR, RAJANI BAGAN, HILL CART ROAD, SILIGURI,DIST-DARJEELING,PIN-734001.
2. SRI SHARMISTHA SAHA,
W/O SRI KRISHNA SAHA, PARTMER OF S.P. DEVELOPERS, R/O SUKANTA NAGAR, AUTO STAND, WARD NO. 38, S.M.C., P.O- RABINDRA SARANI, P.S.- BHAKTINAGAR, DIST-JALPAIGURI,PIN-734006.
3. SRI TRIBHUWAN SINGH
S/O LATE JAI KRISHNA SINGH, PARTMER OF S,P, DEVELOPERS, R/O M.N. SAHA SARANI, PRADHAN NAGAR,DIST-DARJEELING, PIN-734003.
4. SMT. HIRU RANI DAS
W/O LATE DULAL PROSAD DAS, R/O SARBA PALLY, BEHIND HIMALAYA KANYA ABASAN, WARD NO. 42, S.M.C., P.O- SEVOKE ROAD, P.S.- BHAKTINAGAR, DIST-JALPAIGURI,PIN-7340061
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 HON'BLE MRS. Smt. Pratiti Bhattacharyya MEMBER
 
For the Complainant:DEBDIP DUTTA, Advocate
For the Opp. Party:
Dated : 03 Aug 2018
Final Order / Judgement

To-day is fixed for admission hearing.

                             Ld advocate for the complainant filed hazira.

          Heard the Ld advocate. Perused the complaint and documents thereto.

          The case of the complainant is in brief, that he purchased a flat from the OPs on One of the conditions that lift facility with 24 hours power back-up by a Generator will be provided. But the condition was not fulfilled by the OPs.  The complainant had further to pay Rs.35,000/- over and above the consideration money towards the cost of installation of a electric transformer. But said transformer has not also be installed, hence, this case.

Nowhere in the complaint, the amount of consideration money has been mentioned. But it is seen from the registered Deed of conveyance attached with the complaint as document, that the consideration money amounts to Rs.26,91,000/-.  The value of the flat as per Deed added with the compensation as claimed in the instant complaint totally exceeds the pecuniary limit of this District Forum which cannot be entertained. 

As such we are of the considered view that on this backdrop of pecuniary jurisdiction this case is not a deserving one to be admitted as per provision of Section 11 of Consumer Protection Act 1986.  As a logical corollary, this instant is not admitted.

 
 
[HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER
 
[HON'BLE MRS. Smt. Pratiti Bhattacharyya]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.