DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C. C. NO-162/2012

Date of Filing:                                    Date of Admission:                            Date of Disposal:

                                                                                                14.12.2018

Complainant :-                       1.       Smt. Sabita Dutta,

Wife of Late Bijoy Kumar Dutta,

of 326, Bangur Avenue, Block-A, Kolkata- 700055

2.       Shri Subhajit Dutta,

Son of Late Bijoy Kumar Dutta,

of 326, Bangur Avenue, Block-A, Kolkata- 700055

3.       Smt. Papiya Ray (nee Dutta),

Daughter of Late Bijoy Kumar Dutta,

Now married to Shri Basab Ray,

of 27 Gopal Jew Mandir Road,

P.O- Birati, Kolkata- 51

=Vs=

Opposite Parties:-                   1.       ShrinUtpal Sarkar,

Son of Late Sudhir Chandra Sarkar,

Of Flat no- 2C, near ‘A’ Block

Krishna Apartment,

206/1 & 2 Block- A,

Bangur Avenue, Kolkata- 700055

2.       Smt. Bandana Chatterjee,

Wife of Shri JibanChatterjeee, 52,

Dum Dum Park, Near Tank No- 1

Kolkata- 700055

P R E S E N T

                        :-         Sri. Bankim Chandra Chattopadhyay………..…..President.

:-         Smt. Silpi Majumder  ……………………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

Judgment

This complaint is filed by the Complainants u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress their grievance till filing of this complaint.

Cont………………..2

:2:

As the complaint is filed by the landowners, the Complainants were directed to submit the valuation of the landowner’s allocation which the OPs are under the obligation to provide them after construction as per the Development agreement. The Complainants have filed the said valuation with a copy to the other side. From the said valuation sheet it is evident that the market value of the said suit property i.e. landowner’s allocation is for Rs.33,35,406/-.As per the Section 11(1) of the Consumer Protection Act, 1986 the District Forum shall have jurisdiction to entertain the complaint where the cost of the goods or service and compensation, if any, claimed does not exceeds Rs.20,00,000/-. In view of the said Section as the abovementioned amount has crossed the pecuniary jurisdiction of this Ld. Forum, the Ld. DCDRF is not empowered to adjudicate this complaint. Hence it is dismissed.

But the Complainants are at liberty to approach before the appropriate Forum/Court/Commission, if not barred otherwise, in view of the judgment of Laxmi Engineering Works vs. PSG Industrial Institute (1995 AIR 1428).

Be it mentioned that the Complainants are entitled to get return the petition of complaint, evidence and other related papers and documents upon prior application before the office of this Ld. Forum. The Office is directed to take appropriate step in this context in accordance with law so that the Complainants can get return of the same without any delay and hazards.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Member                                                          Member                                              President

Dictated & Corrected by