DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs BARASAT.
C.C No. 51/2018
Date of Filing: Date of Admission: Date of Disposal:
30.01.2018 05.02.2018 07.02.2018
Complainant = Vs. = Opposite Party
Smt. Mahua Chattopadhyay, Simoco System and Infrastructure
W/o. Sri Asutosh Chattopadhyay, Solution Ltd, Godrej,
BB-8/7, Sector-1, Genesys Building 2nd floor,
Salt Lake, Block EP and GP, Sector-V,
Kolkata- 700091. Salt Lake Electronics Complex,
Kolkata- 700091. Through
Its Managing Director.
P R E S E N T :-Sri. Siddhartha Ganguli…..…………………………Member.
:- Smt. Silpi Majumder ……………….Member.
Order No- 2
This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 praying for certain reliefs. From the petition of complaint it is evident that the Complainant being an intending purchaser of a flat from the OP deposited some money and subsequently being frustrated with the action and attitude of the OP she wanted to withdraw the application money of Rs. 2,00,000/- as paid by her to the OP. As the OP did not refund the said amount to the Complainant till filing of this complaint hence the Complainant has filed this complaint.
We have noticed that within the four corners of the complaint no where it is stated by the Complainant the total cost of the flat which the Complainant intended to purchase from the OP. No document is forthcoming in this connection and no copy of agreement for sale is also available in the record from where the total consideration of the flat will be evident. Therefore, at the time of admission we could not ascertain the pecuniary jurisdiction of this complaint we are not in a position as to whether this complaint is at all maintainable before this Ld. Forum from the point of its pecuniary jurisdiction. As the Complainant did not file the cogent document for ascertaining the pecuniary jurisdiction of this Ld. Forum, hence we are not in a position to admit this complaint due to want of cogent papers and documents. Be it mentioned that in the pleadings no whisper is made by the Complainant towards the total consideration of the flat.
Therefore this consumer complaint being no-51/2018 is hereby dismissed without being admitted. However, the Complainant is at liberty to file the complaint afresh before the appropriate Forum / Court/ Commission, if not, barred otherwise.
Let plain copy be given to the parties free of cost as per CPR, 2005.
Member Member
Dictated and corrected by
