Order-10.

Date-23/09/2015.

In this case the argument was heard at length on 13.08.2015 and at the time of advancement of the argument, the Ld. Lawyer for the ops submitted that they have challenged the maintainability of the case on the ground that this Forum has no pecuniary jurisdiction to decide the same on the ground the total consideration price of the flat was fixed at Rs. 37,80,000/- as per Agreement for Sale and that Agreement for Sale is filed by the complainant and that Agreement was executed on 24.07.2011 and further submitted in view of the above, this Forum has no pecuniary jurisdiction and this complaint ought to have been filed before the State Commission West Bengal.

On the other hand complainant’s Ld. Lawyer submitted that they have prayed for refund of the amount what they deposited as advanced amount is Rs. 10,000/-.So, the present Forum has its jurisdiction to decide the same.

Considering the entire dispute as raised by the op’s Ld. Lawyer and also on proper consideration of the Agreement for Sale dated 24.07.2011, it is clear that total consideration of the flat is Rs. 37,80,000/- and it is as per said Agreement for Sale and when the valuation of the flat is Rs. 37,80,000/-, in that case the present Forum has no jurisdiction to entertain or to decide the said dispute because only in respect of valuation of the property up to Rs. 20,00,000/- this Forum can entertain and decide the dispute.

Anyhow the argument as advanced by the Ld. Lawyer for the complainant is also considered.But we have gathered that for advance payment of Rs. 10,000/-, complainant may pray that he is entitled to get back the same.But as because it is part payment of the total valuation of the property,then invariably the total valuation of the property shall be considered for determination of jurisdiction.

Considering that fact, we are convinced to hold that the present complaint is not maintainable before this Forum on the ground that the present Forum has no jurisdiction to decide where the valuation of the property exceeds Rs. 20,00,000/- and when in the present case the valuation of the flat is Rs. 37,80,000/- as per agreement, then invariably this Forum has no pecuniary jurisdiction to decide the complaint.In fact complainant may file this case before State Commission West Bengal for relief.

Accordingly we are inclined to hold that present complaint is not maintainable due to jurisdictional error and as such we are passing such final order to that effect.

Hence, it is

Ordered,

That the complaint be and the same is not maintainable in view of the fact that the valuation of the property is Rs. 37,80,000/- and for which the present Forum has no jurisdiction to decide the dispute as placed by the complainant.

In the above circumstances, this complaint is returned to the complainant for filing the same before the proper Forum and accordingly this complaint is not entertained by this Forum for want of pecuniary jurisdiction.

Complainant is directed to receive back all the documents along with complaint and to file the same before proper jurisdiction that is State Commission, West Bengal within the time limit.