Order No.26 dated 27.08.2018: The case record has taken up for passing order of non maintainability petition filed by opposite parties dated 12.03.2018 and heard both sides on 18.7.2018. The complainant filed the instant petition praying for a direction upon the OP to deliver the possession and register the deed of conveyance in respect of schedule mentioned property in favour of the complainant after completing as quickly as possible, also directing the OP to pay sum of Rs.5,00,000/- towards compensation for mental agony due to the deficiency of service and unfair trade practice and harassment and a litigation cost of Rs.50,000/- as the opposite party after taking the advance money of Rs.12,50,000/- from the consideration money of Rs.1950/- x 1250 sq ft. in accordance with the agreement for sale date 10.03.2014 in between complainant & the opposite party. When the opposite party failed to deliver & register the flat before the competent authority within a period of one year from the date of execution of agreement then the complainant filed the instant complaint before this Forum for redressal. This Forum admitted the complaint petition after hearing the complainant and perusing the complaint petition and the documents in the case record. Subsequently the OP appeared after getting notice from this forum and filed the non maintainability petition as the complaint petition exceeds the pecuniary limits of this Forum so the complaint petition is not maintainable before this Forum for want of pecuniary jurisdiction. The OP by assessing the value of the schedule mentioned property before the ADSR,  Chinsurah showed that total value of the property assessed Rs.39,90,000/-  as on 21.02.2018 and after taking the reliefs as prayed the value of the complaint petition comes to Rs.45,40,000/- which is beyond the pecuniary jurisdiction of this Forum. He referred the case decision of National Commission in which, the Hon’ble Commission in Ambarish Kumar Shukla & 21 othrs vs. Ferrous Infrastructure Pvt. Ltd in I (2017) CPJ 1 (NC) held that Consideration paid or agreed to be paid by consumer at the time of purchasing the goods or hiring or availing of the services, as the case may be, is to be considered, along with the compensation, if any, claimed in complaint, to determine the pecuniary jurisdiction of Consumer Forum.

   Hearing the arguments as advanced by the advocates of the parties and perusing the case record documents & decisions we are to discuss the matter regarding the maintainability of consumer complaint before the Consumer Forum.

The case in hand in which the value of the flat as per the agreement dated10.03.2014 was Rs.24,37,500/- ( Rs.1950 x 1250 sq ft. ). So during the filing of the instant complaint the value as depicted in the agreement for sale is to be taken into consideration while ascertaining the pecuniary jurisdiction. Hence after adding the reliefs as prayed in the prayer portion of the complainant the value as reckoned be Rs.29,87,500/- following the principle adopted by National commission in Ambarish Kumar Shukla & 21 othrs vs. Ferrous Infrastructure Pvt. Ltd, which is beyond the limit of this Forum.

Thus the petition filed by the opposite party on 12.03.2018 has merit and allowed on contest. The complaint petition filed by the complainant deserved to be dismissed as not maintainable being beyond the pecuniary jurisdiction of this Forum.

ORDER

Hence, it is ordered that the c.c. case being no.202 of 2015 be and the same is dismissed as this Forum has no pecuniary jurisdiction.

Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary Post for information & necessary action.

Dictated and corrected by me.