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Dipankar Sarkar & Another v/s M/s. Ideal Real Estates Pvt. Ltd. & Others

    Complaint Case No. 4 of 2022
    Decided On, 02 February 2022
    At, West Bengal State Consumer Disputes Redressal Commission Kolkata
    By, THE HONOURABLE MR. JUSTICE ISHAN CHANDRA DAS
    By, PRESIDENT
    By, THE HONOURABLE MRS. SAMIKSHA BHATTACHARYA
    By, MEMBER & THE HONOURABLE MR. SHYAMAL KUMAR GHOSH
    By, MEMBER
    For the Complainants: Subhrangshu Banerjee, Advocate. For the Opp. Parties: None appears.


Judgment Text
Ld. Advocate for the Complainants is present.

Heard the Ld. Advocate and perused the materials on record. The Complainants filed the instant petition of complaint against the OPs praying for direction upon the OPs to handover possession, execution and register the Deed of Conveyance of the schedule property in favour of the Complainants and accepting the balance consideration amount of Rs.19,72,819/- or alternatively directing the OPs to return the earnest money of Rs. 45,77,495/- along with interest @ 13% p.a. with the consequential reliefs.

On scrutiny of materials on record we have observed that the Complainants have entered into an agreement for sale dated 16.11.2016 to purchase a residential flat being No. 8J situated on the 8th floor in Block No. “ACACIA” measuring about a super built up area of 1011 sq. ft. more or less and one car parking space to be a situated on a portion of ground floor of the said proposed complex named as “Ideal Greens” at premises No. 591A, Motilal Gupta Road, P.S. Haridevpur, Kolkata-700 008. In terms of the agreement Complainants paid Rs. 45,77,495/- in various installments. As per section 47(1)(a)(i) of Consumer Protection Act, 2019 “The State Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceed Rs. 1 core but does not exceed Rs. 10 crore”. As per notification dated 30.12.2021 issued by Ministry of Consumer Affairs, Food & Public Distribution, the pecuniary jurisdiction of the State Commission has revised as “where the value of the goods of services paid as consideration exceeds Rs. 50 lacs but does not exceed Rs. 2 crore”. Here in the instant case the Complainants have paid Rs. 45,77,495/- which is not within our pecuniary jurisdiction. Therefore the petition of complaint cannot be entertained being not admitte

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d due to want of pecuniary jurisdiction. However, Complainants are at liberty to file the case before the appropriate Forum for the self same cause of action. Thus the complaint case is disposed of.
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