Order No. 11 dt. 19/07/2017
The case of the complainant in brief is that the complainant entered into a contract with o.p. nop.1 for purchasing a self contained flat measuring about 560 sq.ft. super built up area situated on the 2nd floor of the building being holding no.43C, Murari Pukur Road, Kolkata-67. The complainant as per the terms and conditions of the said agreement paid the amount of Rs.14 lakhs out of the consideration amount of Rs.15,50,000/-. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to execute and register the deed of conveyance in respect of the flat in favour of the complainant and alternatively the complainant also prayed for direction upon o.ps. to refund of the money of Rs.14 lakhs plus interest and compensation of Rs.5 lakhs and litigation cost of Rs.50,000/-.
In spite of receipt of notices the o.ps. did not contest this case by filing w/v but they filed written argument raising only the law points regarding the maintainability of the case.
The complainant in order to prove the case filed the agreement entered in to between the parties in respect of the flat in question. The complainant also produced some documents to show that he paid the amount. From the agreement it appears that it was agreed between the parties the mode of payment was mentioned (i) at the time of signing the agreement 50%, (ii) at the time of flooring Rs.3 lakhs, (iii) at the time of completing the walling Rs.2 lakhs, (iv) at the time of plastering Rs.1 lakh, (v) at the time of fitting the windows, doors etc. Rs.75,000/- and (vi) at the time of handing over the possession Rs.1 lakh. Total agreed consideration money was fixed to the tune of Rs.15,50,000/- and the complainant paid a sum of Rs.14 lakhs. In spite of receiving the said amount o.p. no.1 did not complete the said flat. Though it was stated by o.p. no.1 that the flat would be completed within 5 months but o.p. no.1 did not honour the said agreement. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for refund of the money with interest and other reliefs.
Ld. lawyer for the o.p. no.1 on the point of law stated that the cost of the flat itself is Rs.15,50,000/- and thereafter the complainant prayed for compensation of Rs.5 lakhs and total comes to Rs.20,50,000/- and as per Sec 11(1) of C.P. Act District Forum shall have jurisdiction to entertain complaint where the value of goods or services and the compensation, if any, claim does not exceed Rs.20 lakhs. Here in this case, the said pecuniary jurisdiction of this Forum is exceeded than that of the claim made by the complainant, therefore the case filed by the complainant has got no merit to be entertained by this Forum and to pass any order to that effect.
Considering the materials on record it appears that the point of law as highlighted by o.p. no.1 is crystal clear from the complaint itself. In the prayer portion of the complaint the complainant stated that the value of the flat was Rs.15,50,000/- and the complainant claimed compensation of Rs.5 lakhs. Thus the total amount comes to Rs.20,50,000/- and as per Sec 11(1) of C.P. Act District Forum has the jurisdiction to entertain the claim confined to Rs.20 lakhs not more than that of the said amlunt. In view of the said fact we hold that this Forum has no pecuniary jurisdiction to pass any order in favour of the complainant. Accordingly, the complainant will not be entitled to get any relief as prayed for. Thus the case is disposed of accordingly.
Hence, ordered,
That the CC No.302/2016 is dismissed ex parte without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
