Order No.    9                                            Date :03.03.2017.

               This date was fixed for passing order on the non maintainability petition filed by the o.p. no. 1, Shiv Ganesh Durga Construction, & others, praying for dismissal of the case on the ground of non maintainability stating that in the instant case the petitioner prayed for refund of booking amount of Rs. 5,50,000/- in respect of his flat no. 305 measuring 1150 sq. ft. in the 3^rd floor of Puja Apartment which is situated at 105/1, Dewangazi Road, P.O. & P.S. Bally, Howrah. But this Forum has no jurisdiction to entertain the case because the petitioner has no right to pray before this court for refund of advance amount.

               The petitioner contested the non maintainability petition vehemently stating that it is well within jurisdiction of this Forum to try this case as this Forum has a pecuniary jurisdiction to try a case upto Rs. 20 lakhs  and in this case the petitioner prayed for refund of Rs. 5.5 lakhs and interest being Rs. 82,500/- on the said amount and also Rs. 5 lakhs as compensation which is well within the jurisdiction of this Forum.  

               This Forum heard the ld. counsel of both sides and finds that this is a very poor petition filed on behalf of o.ps. stating that Forum has no jurisdiction  to try this case but no  ground shown why the Forum lacks jurisdiction.

               On scrutiny of the record it is noticed from para 5 of the complaint case that the petitioner entered into an agreement with the o.p. no. 1 to purchase the flat no.  305  measuring 1150 sq. ft. at a total consideration of Rs. 23 lakhs and out of the same he paid Rs. 5,50,000/- and  the balance consideration was Rs. 17.50,000/- which would be paid at the time of delivery of the flat when registration would be made.

               Thus it is crystal clear from the agreement of sale dated 23.5.2013 as well as from the averments of the petition in para 5 that this  was a case where the  consideration of the property  was above 20 lakhs and thus this Forum has no jurisdiction to try this case.

               Hence,

                               O r d e r e d

               That the maintainability petition filed by the o.p. is allowed on contest and accordingly  C.C.  no. 175 of 2016 be and the same is dismissed as not maintainable.