LAWS(NCD)-2016-10-101

GOLAM MOHIUDDIN S/O. MR. GOLAM MOHIUDDIN S/O. MR. GOLAM AMBIA Vs. ABS LAND DEVELOPMENT AND CONSTRUCTION PVT. LTD. & ANR.

Decided On October 07, 2016
Golam Mohiuddin S/O. Mr. Golam Mohiuddin S/O. Mr. Golam Ambia Appellant
V/S
Abs Land Development And Construction Pvt. Ltd. And Anr. Respondents

JUDGEMENT

(1.) This First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), by the Complainant, is directed against the order dated 14.1.2016, passed by the State Consumer Disputes Redressal Commission, West Bengal at Kolkata (for short "the State Commission"), in Complaint Case No.CC/16/2015. By the impugned order, the State Commission has dismissed the Complaint on the short ground that it does not have the pecuniary jurisdiction to entertain it, as the value of the plot of land (85,00,000/-), booked by him with the Respondents, a Real Estate Developer and its Director, together with the amount of compensation (5,00,000/-); interest at the rate of 15% p.a. on 85,00,000/- and litigation cost of 50,000/-, (totalling 1,06,94,800/-), would be in excess of Rupees one crore, which is beyond its pecuniary jurisdiction.

(2.) Despite service, no one has put in appearance on behalf of the Respondents. Accordingly, we have heard learned counsel for the Appellant.

(3.) Section 17(1)(a) of the Act determines the pecuniary jurisdiction of the State Commission. It reads as follows :