DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.226/2022

Date of Filing:                      Date of Admission:             Date of Disposal:

                 12.07.2022                              22.07.2022                               09.03.2023

P R E S E N T                        :-        Smt. Sukla Sengupta…………………President

:-         Smt. Monisha Shaw ………………… Member.

                                                :-         Sri.  Abhijit Basu      …………………. Member.

            JUDGMENT/FINAL ORDER

Order No. 7

            The case is taken up for passing order over the hearing on the point of maintainability.

            The opposite parties have challenged the maintainability of this case by filing a petition stating intera-lia that the case is barred by law because this commission has got no pecuniary jurisdiction to try this case.

            It is further stated by the opposite parties/ petitioners that the complainant has stated in his petition of complaint that he intend to purchase the entire 4^th floor of the premises in question measuring super built up area about 2750 Sq.ft more or less at a consideration of Rs. 2,000/- only per Sq.ft of the multistoried building would be constructed by the opposite parties along with proportionate share of land and other common areas and facilities attached therewith as well as common right of easement proportionately of the said premises, situated in R.S. Dag No. 1307/2310, under R.S. Khatian No. 604 situated at Mouza Noapara, J.L. No. 83, Re. Sa.No. 137, P.S. Barasat within the territorial jurisdiction of this commission, in ward No. 11 (New, Holding No. 440/1, 440/2, Noapara Kalibari Road, comprised in Pargana Anwarpur, Touzi No. 146 within the Dist- 24 Pgs(N) and he entered into agreement for sale with the opposite parties has annexed herewith as Annexure ‘A’. The complainant /O.P has filed a written objection against the maintainability petition filed by the O.P/petitioners. The complainant denied all the allegations level against him and it is also denied that this commission has got no pecuniary jurisdiction to try this case.

            It is further stated by the complainant /O.P that the petition filed by the O.Ps/petitioners challenging the maintainability of this case is misconceived one and has no merit to stand upon.

            Thus the same is liable to be dismissed.

            On careful consideration of the facts and circumstances of this case and also the content of the petition and written objection of both the parties it has to be considered by this commission whether this commission has got the pecuniary jurisdiction to try this case or not.

As per present position of law it is established fact and law that the pecuniary jurisdiction of this District Commission is upto Rs. 50 lakhs. On a close scrutiny of the materials on record it is revealed that in the petition of complaint the complainant / O.P has stated clearly that he entered into an agreement with the O.Ps /petitioners for purchasing the

Contd/-2

C.C. No.226/2022

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entire 4^th floor of the building in question measuring about super built area of 2750 Sq.ft  more or less at a consideration of Rs. 2,000/- per Sq.ft only. If that be so then the complainant himself proved that the over all valuation of the subject in question is more than 50,00,000/- he mentioned that the petition of complaint valued at Rs. 3,00,000/- only which is baseless. Under such circumstances this commission is of view that the actual valuation of the property intend to purchase by the complainant/O.P from the opposite parties/ petitioners is about 55,00,000/- only which is beyond the permissible pecuniary jurisdiction of this commission. Thus  in view of the above made discussion of this commission is opined that the case is not maintainable in the eye of law as it is barred by pecuniary jurisdiction.

            Hence,

                         Ordered,

                                            that the petition challenging the maintainability of this case filed by the opposite parties / petitioners is hereby allowed on contest without any cost.

            The case is thus dismissed.

             Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.      

 Dictated & Corrected by me  

President                                                                                          

Member                                  Member                                       President