16/12/14

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT       

            This order relates to hearing on the point of admission. 

        The case of the Complainants, in short, is that Angshuman Roy, the predecessor-in-interest of the Complainants sold his vacant land measuring 10 cottachs 14 chittaks situated at 12C and 12D/2, B.T. Road, Kolkata-700 002 in favour of the OP at a price of Rs.80 lakh.  Simultaneously on the same date, that is, 14/08/09 a MoU was prepared between the OP and the predecessor-in-interest of the Complainants where the OP promised to give two flats.  But the OP in an unfair way changed the MoU wherein only one flat was mentioned instead of two.  The completion certificate was obtained by the OP             on 05/07/13, but he did not give any reply to the letter dated 29/01/14 issued by the Complainant.  The Complainants have prayed for compensation of Rs.58,91,924/- with interest @ 12% p.a. from 05/07/13, a sum of Rs.5 lakh for harassment and mental agony and litigation cost of Rs.50,000/-. 

          The total valuation of the land and the amount of compensation and costs, therefore, exceeds Rs.1 crore and thus this Commission has no pecuniary jurisdiction to entertain the complaint. 

          The complaint is not maintainable for want of pecuniary jurisdiction and the same stands dismissed with liberty to the Complainants to file the same before the appropriate Forum.