28/11/14

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT         

            This Revisional Application is directed against the order dated 10/03/14 passed by Learned District Forum, Alipore, South 24-Parganas rejecting thereby the petition filed by the OPs challenging the maintainability of the complaint case. 

            The OPs of the complaint filed a petition challenging the maintainability of the case on the ground that the case was barred by limitation and the Learned District Forum had no territorial jurisdiction to entertain the complaint. 

            The Learned Counsel for the Revision Petitioner has submitted that the Complainant paid the instalments and thereafter for 6 years did not take any step.  It is submitted that the provision in clause 19 of the agreement would not confer any territorial jurisdiction on the Learned District Forum, Alipore and there is no material to show that the cause of action or part of it arose within the jurisdiction of District Forum, Alipore. 

            The Learned Counsel for the Respondent has submitted that the consideration money was paid in full, but the registration has not been done.  It is contended that as per clause 19 of the agreement the Learned District Forum has the jurisdiction to entertain the complaint.  It is submitted that on 17/10/12 the OP informed the Complainant to accept another plot and, as such, the complaint was filed within the period of limitation. 

            We have heard the submission made by both sides and perused the papers on record.  Firstly, in clause 19 of the agreement it has been clearly stated that for the purpose of jurisdiction the agreement was executed in the office of the first part which was within the jurisdiction of Alipore, South 24-Parganas and the suit/proceeding will be within the said jurisdiction.  Therefore, as per clause 19 the Learned District Forum, Alipore, South 24-Parganas had the territorial jurisdiction to entertain complaint. 

            Secondly, it is evident from the impugned order that the OPs by letter dated 17/10/12 requested the Complainant to accept another plot under Sun City Project and on 16/11/12 the Complainant declined to accept it.  The complaint was filed in the year 2013, that is, within the period of limitation.  The Learned District Forum, therefore, did not commit any illegality or material irregularity in passing the impugned order. 

            The Revisional Application is dismissed.