DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO-366/2016
Date of Filing: Date of Admission Date of Disposal:
13.06.2016 28.06.2016 07.01.2019
Complainant :- Sri. Nawal Kishore Rajgarhia,
S/o Late RamalRajgarhia,
2, Brabourne Road, 5th Floor,
P.S.-Hare Street,
Kolkata- 700001.
=Vs=
Opposite Parties:- 1. The Director, C/o Bengal Unitech
Universal Infrastructure Private Limited,
Regional Office-7, Unit No-001 & 002,
Action Area-III, Main Arterial Road,
New Town, Rajarhat, Kolkata-700156.
2. The Facility Manager/Project Manager,
C/o Bengal Unhitch Universal
Infrastructure Private Limited,
Regional Office-7, Unit No-001 & 002,
Action Area-III, Main Arterial Road,
New Town, Rajarhat, Kolkata-700156.
P R E S E N T
:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Judgment
This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress her grievance till filing of this complaint.
On 03.01.2019 this record was fixed for showing cause by the Complainant. But on the said date none was present on behalf of the Complainant, no cause is shown. On 31.08.2018 & 06.12.2018 as the Complainant remained absent, this Ld. Forum was pleased to direct the Complainant for showing cause as to why the complaint shall not be dismissed due to non-compliance of the Forum’s order. . The record speaks that on several occasions the Complainant was directed to file show cause and even on sometime with cost also. Accordingly the cost was paid, but after making payment of cost the Complainant remained absent further. Though the Complainant is not present today when date is fixed for showing cause, inspite of this we are not in a position to dismiss the complaint for default as the evidence of the Complainant is on record. Therefore considering the available material on record we are inclined to pass judgment on merit. On 03.01.2019 the Ld. Counsel for the OPs was present.
We have carefully perused the record and documents as available and it is seen by us that the allegation of the Complainant is that the OPs did not provide him the maintenance service and repair the damage caused in the total area of the suit property on their own cost. As the OPs did not take any step in this regard, this complaint has been initiated praying for certain reliefs.
From the Buyer’s Agreement dated 25.10.2005 it is evident that the total consideration of the flat of the Complainant for which the Complainant had entered into an agreement for sale is for Rs.1,33,41,485/- (One Crore Thirty-three lacs forty-one thousand four hundred and eighty five only).
As per the Section 11(1) of the Consumer Protection Act, 1986 the District Forum shall have jurisdiction to entertain the complaint where the cost of the goods or service and compensation, if any, claimed does not exceeds Rs.20,00,000/-. In view of the said Section as the abovementioned amount has crossed the pecuniary jurisdiction of this Ld. Forum, the Ld. DCDRF is not empowered to adjudicate this complaint. Hence it is dismissed.
But the Complainant is at liberty to approach before the appropriate Forum/Court/Commission, if not barred otherwise, in view of the judgment of Laxmi Engineering Works vs. PSG Industrial Institute (1995 AIR 1428).
Be it mentioned that the Complainant is entitled to get return the petition of complaint, evidence and other related papers and documents upon prior application before the office of this Ld. Forum. The Office is directed to take appropriate step in this context in accordance with law so that the Complainants can get return of the same without any delay and hazards.
Hence it is ordered that the Consumer Complaint being no-366/2016 is hereby dismissed for being barred by its pecuniary jurisdiction. There is no order as to cost.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
