Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocate for the Appellant is present. He filed affidavit of service, wherefrom it appears that the Memo. of Appeal has been served upon the Respondents.
But the Respondents did not appear in spite of service.
The matter is taken up for hearing.
Heard submission of the Ld. Advocate for the Appellant.
Being aggrieved by and dissatisfied with the Final Order dated 17.09.2019, passed by DCDRC, Kolkata (Unit–III) allowing the Consumer Complaint Case being No.CC/157/2017 on contest against the OP Nos.3 & 4 and ex-parte against the OP Nos.1 & 2, the Appellants being the OP Nos.3 & 4 of the Complaint Case preferred this Appeal.
This is an Appeal u/s 15 of Consumer Protection Act, 1986.
It appears from the Annexure 63 that the then market value of the schedule property was Rs.17,96,562/-.
We perused the complaint petition being no. CC/157/2017.
So, we find that including the valuation of property being Rs.17,96,562/-, compensation of Rs.10,00,000/- and litigation cost of Rs.50,000/- the valuation becomes Rs.28,46,562/-.
So, it appears that it exceeded the pecuniary jurisdiction of District Consumer Forum.
So, on that score, the impugned order cannot be sustained. It should be set aside and appropriate directions should be given to the parties.
Accordingly, A/726/2019 is allowed ex-parte. The impugned order is set aside.
Consequently, the Complaint Case is dismissed.
The Respondent Nos.1 to 5/Complainants are at liberty to file fresh complaint before the Appropriate Forum.
There shall be no order as to the costs. Order of stay, if there is any in connection with the Appeal, stands vacated.
Let a copy of this Order be sent to the Forum Below.
The Joint Registrar of this Commission is to do the needful.
