| First Appeal No. FA/885/2013 | | (Arisen out of Order Dated 18/07/2013 in Case No. Complaint Case No. CC/275/2013 of District South 24 Parganas DF, Alipore) |
| | | | 1. Sri Bhaskar Guha | | S/o Late Nilmoni Guha, 2040, Nayabad, Flat no.4, 3rd Floor, Maruti Villa, P.S. Purba Jadavpur, Kolkata-700 099, Dist. South 24 Pgs. | | 2. Smt. Anita Guha | | W/o Sri Bhaskar Guha, 2040, Nayabad, Flat no.4, 3rd Floor, Maruti Villa, P.S. Purba Jadavpur, Kolkata-700 099, Dist. South 24 Pgs. |
| ...........Appellant(s) | |
| Versus | | 1. M/s. Maruti Realtors | | 74/24, P.Majumder Road, P.S.-Kasba, Kolkata-700 078, Dist. South 24 Pgs. & also at 77, Purbachal Lal Bahadur Sarani, Kolkata-700078, P.S.-Kasba, Dist. South 24 Pgs. | | 2. Sri Sumanta Sen | | S/o Late Sukumar Sen, 2040, Nayabad, Flat no.2, 2nd Floor, Maruti Villa, Kolkata-700 099. |
| ...........Respondent(s) |
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| ORDER | 26/05/15 HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This Appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24-Parganas in CC 275 of 2013 dismissing the complaint holding that it had no pecuniary jurisdiction to entertain the complaint. The case of the Complainants/Appellants, in short, is that they entered into an agreement for sale with the OP No.1 on 28/11/10 and paid a sum of Rs.24 lakh. The complaint was filed praying for direction upon OP No.1 to construct caretaker room on the ground floor, to hand over completion certificate and to remove the deficiency in Lift services so that the Lift may run smoothly and to pay Rs.1 lakh as compensation and cost of Rs.15,000/-. The Learned Counsel for the Complainant/Appellant has submitted that the value of the flat was Rs.24 lakh, but the prayer made in the complaint was below Rs.20 lakh. The Learned Counsel for the Respondent has submitted that the Learned District Forum had no pecuniary jurisdiction to entertain the complaint. We have heard the submission made by both sides and perused the papers on record. It has been averred in paragraph 6 of the complaint that the Complainants paid Rs.24 lakh as per terms of agreement for sale. Evidently, therefore, the Learned District Forum had no pecuniary jurisdiction and the complaint was rightly rejected granting liberty to the Complainants to file the case before the appropriate Forum. The Appeal is dismissed. | |
