West Bengal

Jalpaiguri

CC/25/2018

Mrs. Kalpana Bidyananda, - Complainant(s)

Versus

Sri Ajay Agarwal, - Opp.Party(s)

Self

19 Jun 2018

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/25/2018
( Date of Filing : 04 Jun 2018 )
 
1. Mrs. Kalpana Bidyananda,
W/O Col(Retd.) SK Bidyananda, A1, Galaxy Enclave , Chayan Para, Ward no. 42, P.O.- Salugara, P.S.- Bhaktinagar, Dist.- Jalpaiguri, West Bengal, Pin.- 734008.
...........Complainant(s)
Versus
1. Sri Ajay Agarwal,
S/O Sri Pawan Agarwal, Sarthi Realtors Pvt. Ltd. Sri Shyam Complex, Prafulla Chaki Sarani, Ashram Para, P.O. and P.S.- Siliguri, Dist.- Darjeeling, West Bengal, Pin.- 734001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party:
Dated : 19 Jun 2018
Final Order / Judgement

Date of Filing:-04/06/2018

Order No. 2                                                                               Dated :  19/06/2018

FINAL ORDER/JUDGEMENT

Sri Sibasis Sarkar, Ld. President.

          Shri Sumit Kumar, Ld. Advocate has appeared today on behalf of the Complainant along with a Xerox copy of document showing his appointment through Legal Aid, as an advocate of the complainant. Let the document be kept with the record.

The case is taken up for hearing admission.

Perused the petition of complaint and other materials on record.

Heard the Ld. Lawyer for the complainant.

It appears from the petition of complaint supported by the document annexed therein that the present dispute relates to a Flat purchased by the complainant, valued Rs.23,42,250/-. So, the value of the goods/property is Rs.23,42,250/-. From the prayer portion of the petition of complaint, we find that the complainant has prayed for compensation of Rs.50,000/- +Rs. 50,000/- i.e. Rs.1,00,000/- alongwith other reliefs. Sub Sec(1) of Sec 11 of the Consumer Protection Act 1986 runs as follows:-

Subject to the other provisions of this Act the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed doesn’t exceed Rs.20,00,000/-(Twenty Lacs). In the instant case we have already found that the value of the property is Rs.23,42,250/- and the compensation claimed is Rs.1,00,000/-. Thus the value of the goods /property and the compensation claimed have exceeded Rs.20,00,000/- So the present District Forum has got no pecuniary jurisdiction to entertain the present petition of complaint. As such the present petition of complaint cannot be admitted by this District Forum. Accordingly the case is liable to be dismissed due to want of pecuniary jurisdiction of this District Forum. Hence it is

O R D E R E D

That the CC/25/2018 be and the same is dismissed without cost.

The case is this disposed off.

Let plain copy of this order be supplied to the complainant free of cost. The original documents if any, and the extra sets be also returned to the complainant on proper identification.

 

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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