Order No.  8  dt.  14/10/2015

Record is put up for order. Instant hearing arose out of a petition filed by o.p. on 21.7.15 challenging the maintainability of the case.

We have gone through the entire materials on record and we find that complainant annexed along with the petition of complaint an agreement dt.16.8.12 vide annex-D page 39 wherefrom it is apparent that 2^nd and 3^rd floor of the building, allotted to complainants, have been approved by the municipal authority for commercial purpose only.

It further transpires from the averment made by complainants at point no.4(b) and 4(c) at page 4 that a sum of Rs.15 lakhs is to be paid by o.p. to Smt. Anamita Saha complainant no.1 for the allotment of the flat and Rs.15 lakhs at the same time is to be paid by o.p. to Smt. Nandini Poddar. Thus the total amount comes to Rs.30 lakhs.

In view of the above findings we hold that the property in question is for commercial purpose only and has exceeded the pecuniary jurisdiction of this Forum and accordingly, it is ordered that the case is not maintainable and is dismissed since it has exceeded pecuniary jurisdiction and it relates to commercial purpose which does not fall within the scope and ambit of the C.P. Act, 1986.