West Bengal

Jalpaiguri

CC/54/2018

Smt. Sima Ghosh - Complainant(s)

Versus

Vulon Chanda Majumdar - Opp.Party(s)

Rahul Hoore

08 Jul 2019

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/54/2018
( Date of Filing : 27 Nov 2018 )
 
1. Smt. Sima Ghosh
W/O Late Chittaranjan Ghosh, Resident of NTS More, P.O. and P.S.- Siliguri, Dist.,- Darjeeling, Pin.- 734401.
...........Complainant(s)
Versus
1. Vulon Chanda Majumdar
S/O of Late Anil Chandra Majumdar, Resident of Singimari, P.O.-Berubari, P.S.- Kotwali, (Manikganj Outpost), Dist.- Jalpaiguri-Pin.- 735132.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Syed Nurul Hossain PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Jul 2019
Final Order / Judgement

It appears ex-facie from the complaint that the O.P. has agreed to sale 35 Bighas of land along with tea tree at the cost of Rs. 1 Crore 25 Lakhs and the complainant has paid Rs. 5 Lakhs and then paid Rs.39 Lakhs totaling Rs. 44 Lakhs. But O.P. did not execute an agreement. On 27.11.2018 so instant case has been filed before this court.

            Heard Ld. Counsel for the respective parties

            Perused the complaint

            The complaint under regulation 26 of the Consumer Protection Regulation Read with Section 3of Consumer Protection Act and Order 7 Rule 10(2) CPC this court has no jurisdiction to entertain the case beyond twenty lakhs But to return the complaint with direction to file it by 12.07.2019 before the competent Forum/Court.

            Thus, the application is disposed of.

            Return the complaint with direction to file before competent Forum/Court by 12.07.19. Complaint was filed on 27.11.2018 and the complaint is returned under order7 rule 10(2) CPC read with Regulation 26 of Consumer Protection Regulation. Thus, period taken in this Forum be excluded Under Section 14 of Limitation Act.

 
 
[HON'BLE MR. Syed Nurul Hossain]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER

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