Today is the date fixed for passing order relating to the admission of the present case.

From the petition of complaint filed u/s. 12 of the Consumer Protection Act, 1986, we find that 19 complainants have filed the present petition of complaint against the opposite parties(builder/developer). We also find that all the 19 complainants have separate registered Deed of conveyance executed by the opposite parties. So, they are all independent complainant.  Accordingly a joint petition of complaint against the opposite parties is not maintainable without permission of the Forum, as required u/s. 12(1)© of the Consumer Protection Act. But no such permission has been sought for by the complainants in this case by moving any petition u/s. 12(1)© of the Consumer Protection Act.  As such the present case is not maintainable.

In the instant case all the 19 complainants are separate flat owners having separate registered Deed of conveyance. Curiously enough, the complainants in their petition of complaint have not disclosed the value of the property. As per provision of section 11(1) of the Consumer Protection Act, it is the value of the goods or services and compensation claimed which determines pecuniary jurisdiction of the Consumer Forum. In the instant case if the consideration amount of the flats purchased by the 19 complainants are added together, certainly the value of the property would be more than  20 lakhs. In that case this Forum has got no pecuniary jurisdiction to proceed with the case. The Hon’ble State Commission, West Bengal, in Revision petition No. RP/125/2016(Mr. Apurba Kumar Nath & others-Vs-Natural Merchants Private Limited & others) after discussing the judgment passed by the National Commission, came to the conclusion that the value of the flats calculated together along with the compensation claimed should be the determining factor for assessing pecuniary jurisdiction. In view of the said judgment passed by the Hon’ble State Commission, West Bengal, we are of the considered opinion that this Forum has got no pecuniary jurisdiction to proceed with the present case.  As such the present case cannot be admitted by this Forum and is liable to be rejected.

Hence, it is

                                                    O R D E R E D

  that the Consumer case no.  47/2017 be and the same is rejected without cost with a liberty to file the case before the proper Forum having pecuniary jurisdiction. The case is thus disposed of.

            Let a plain copy of this order be supplied to the complainant free of cost.

            Let the documents, if any, filed by the complainant along with the extra sets be returned to the complainant on proper receipt.