Date of filing: 02.03.2015
Date of hearing: 17.08.2016
Date of judgement: 23.08.2016
JUDGEMENT
The instant appeal is directed against the judgement and order dated 04.02.2015 passed by Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit II in CC/359/2013 allowing the same on contest against the Opposite Parties with cost of Rs 10,000/- directing the Opposite Parties to hand over khas possession of 35% of each floor within one month from the date of the order, in default, to pay Rs 19,00,000/- to the Complainant. The Opposite Parties are further directed to complete the flat which is possessed by the Complainant and to complete the entire premises as per KMC sanctioned plan and shall hand over a completion certificate to the Complainant within one month from the date of the order. In the event of non compliance of the order the Opposite Parties shall have to pay penal damages @ Rs 15,000/- per month for non delivery of flats or Rs 19,00,000/- which shall be deposited to the Forum at monthly instalments. The Opposite Parties are further directed to pay Rs 25,000/- towards compensation for causing harassment and to pay Rs 30,000/- towards penalty for adopting unfair trade practice within one month from the date of the order.
Being aggrieved by this order the Opposite Parties have preferred the instant appeal.
The case of the Complainant before the Ld. District Forum, in brief is that he along with his brother being the land owners entered into agreement for development with the Opposite Party developers for development of the piece of land situated at 6/1 Serang Lane, Kolkata 700 014, P.S – Taltala by constructing a 3 storied building under certain terms and conditions. The Complainants by filing the petition of complaint has stated that the developers in violation of the terms of the agreement constructed the building and also delivered the possession of the owners allegation which is much lesser than the agreed one. The Complainant also alleges non completion of the finishing work of the construction and prayed for –
- Punitive and exemplary damages amounting to Rs 20 Lakhs for gross negligence, misfeasance, undue harassment, loss of property, mental and physical agony caused to the petitioner and his daughter, misappropriation of movables and deficiency in service in gross violation of signed agreement.
- Receiver over all properties movable and immovable of the Opposite Parties.
- Costs.
- Interest.
The Opposite Parties contested and filed Written Version.
In course of hearing of the instant appeal Ld. Advocate for the Appellants at very outset submitted that the Ld. District Forum below had no pecuniary jurisdiction to entertain the case since the complaint case exceeds the same. Ld. Advocate for the Appellants further submitted that the Respondent failed to produce any authentic report regarding non completion of the construction work. Ld. Advocate for the Appellants further more submitted that the Respondent rightly received his proportionate share as his elder brother vested his share to the developer.
The Respondent in person has submitted that he also filed Criminal Case against the Appellant Promoters.
On perusal of the record it appears that the Complainant (Respondent herein) has prayed Rs 20,00,000/- plus other reliefs.
Sec 11(1) of the C.P. Act provides that Jurisdiction of the District Forum.—
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 1[does not exceed rupees twenty lakhs].
In the instant case apart from the value of the service the prayer for relief itself exceeds the pecuniary jurisdiction of the District Forum.
In such view of the matter I am of opinion the same is not entertainable before the District Forum.
Hence,
Ordered,
That the appeal is allowed on contest without any order as to costs.
The Consumer Complaint being CC/359/2013 stands dismissed as it lacks pecuniary jurisdiction of the Ld. District Forum. The Complainant is at liberty to approach before a proper Forum on same cause of action.
