Date of Filing:26/03/2011
Date of Order:13/04/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 13th DAY OF APRIL 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
COMPLAINT NO.612 OF 2011
Sri. K.V. Phanish,
S/o. Sri K.N. Venkatanarsappa,
Aged About 30 years,
R/at: No.414, “Sri hari” Nilaya,
1st Cross, B.H.C.S. Layout,
Chikkalasandra,
Bangalore-560 061.
…. Complainant.
V/s
(1) M/s. Samyuktha Enclave,
Registered Office at No.895/1,
“Skanda”, 14th Cross, Mahalakshmi
Layout, Bangalore-560 086.
Rep. by its partner Sri. V. Bhaskar Reddy.
(2) Sri. V. Bhaskar Reddy,
Partner, No.895/1, “Skanda”,
14th Cross, Mahalakshmi Layout,
Bangalore-560 086.
…. Opposite Parties
BY SRI. H.V.RAMACHANDRARAO, PRESIDENT
-: ORDER:-
The complaint is made U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to execute a registered sale deed or to pay Rs.15,00,000/- with interest @ 24% p.a. from the date of sale agreement, along with Rs.50,000/- towards compensation making certain allegations.
2. The arguments were heard.
3. The points that arise for our consideration are:-
:- POINTS:-
- Whether this forum has pecuniary jurisdiction to entertain this complaint?
- What Order?
4. Our findings are:-
Point (A) : In the Negative
Point (B) : As per the final Order
for the following:-
-:REASONS:-
Point A & B:-
5. Section 11 of the Consumer Protection Act states that the jurisdiction of the District Forum is limited to the value of Rs.20,00,000/-. In adjudicating Rs.20,00,000/- the Forum has to see what is the total compensation amount, sought, what is the value of those services alleged and what is the amount claimed. Putting all these things together it should not exceed Rs.20,00,000/-. If it exceed Rs.20,00,000/- then the District Forum will not have jurisdiction to entertain the complaint.
6. In this case the complainant has prayed at Para-1 & 2 thus:-
“(I) Directing the Respondents to execute the sale deed in favour of the complainant or otherwise directing the respondents to pay Rs.15,00,000/- with interest at the rate of 24% P.A. from the date of sale agreement along with compensation of Rs.50,000/-.
(II) Directing the Respondent to pay notice charges and cost and other expenses of the dispute to the complainant.”
That is to say that the complainant wants Rs.15,00,000/- and interest thereon at the rate of 24% per annum from the date of the agreement of sale and Rs.50,000/- as compensation and also notice charges. Here the agreement of sale is dated: 19.11.2009. The complainant wants interest at the rate of 24% per annum from 19.11.2009 onwards and this complaint is filed on 26.03.2011. From 19.11.2009 till 26.03.2011 the interest at the rate of 24% per annum on Rs.15,00,000/- comes to Rs.4,87,500/-. The complainant wants another 50,000/- rupees as compensation. All these put together comes to Rs.20,37,500/-. The complainant wants the costs of the notice. The notice is dated: 08.03.2011 in which he has commuted the cost of the notice at Rs.2,000/-. That means as on the date of the complaint the complainant assessed and valued the relief at Rs.20,39,500/-. Hence it is beyond the pecuniary jurisdiction of this Forum. Hence this Forum cannot entertain the complaint and cannot proceed further. Hence we hold the above points accordingly and proceed to pass the following:-
-: ORDER:-
- The Complaint is Dismissed.
- Return the complaint with Vakalath and all the documents filed by the complainant for presentation before the proper Forum.
- Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
- Send a copy of this order to both parties free of costs, immediately.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 13th Day of April 2011)
MEMBER MEMBER PRESIDENT
