Brief facts of the case are that late Sh.Ajit Singh son of Baldev Singh was allotted plot No. 58-A in Scheme No.1 of Improvement Trust, Kapurthala which is known as Model Town Kapurthala. Complainants Randhir Singh is son and Paramjit Kaur is widow of late Ajit Singh respectively. That Sh.Ajit Singh died on 27/9/1999. After death of Ajit Singh complainant filed petition for transfer of aforesaid plot into their names on the basis of a registered Will executed by the deceased Ajit Singh in their favour . No objection certificate-cum-affidavit was filed by all other natural heirs of Ajit Singh including his daughter Reena Bhandari in the office of Improvement Trust Kapurthala. Improvement Trust Kapurthala vide letter No.264 dated 7/7/2006 transferred ownership of aforesaid plot in the name of two complainants and at present complainants are duly recorded as owners of aforesaid plot in the record of opposite party and they have paid all requisite dues including non construction fee upto 31/12/2007.<br /> 2. That after sometime complainants through their general power of attorney moved application to the opposite party for transfer of aforesaid plot in favour of one Karamjit Kaur alongwith requisite documents and affidavits and public notice was also published in the two newspapers for inviting objections, if any for transfer of this plot in Dainik Jagran as well as Nawan Zamana Jalandhar. Inspite of completing all these formalities, opposite party Improvement Trust, Kapurthala failed to transfer the above noted plot in favour of aforesaid Karamjit Kaur. Improvement Trust, Kapurthala sent letter No.29 dated 16/4/2008 to the attorney of complainant that Smt.Reena Bhadari daughter of Ajit Singh has objected for transfer of the said plot on the ground that she has filed civil suit claiming ownership rights over the aforesaid plot owned by her father Ajit Singh and civil suit is pending in the Court of Addl.Civil Judge (Senior Division) Kapurthala challenging the validity of the Will of her father dated 27/6/1999.<br /> 3. Complainants Randhir singh and Paramjit Kaur became owners of this plot on the basis of Will dated 27/6/1999 registered on 10/11/1999 <br /> 4. On 14/11/2008 Smt.Reena Bhandari filed application for impleading her as a necessary party in the present complaint and alongwith her application dated 14/11/2008 she also placed on the file documents regarding pendency of civil case at Kapurthala through which she has challenged validity of Will of her father where she alleged that Will of her father dated 27/6/1999 is forged and fabricated document and has been prepared by complainants in connivance with attesting witness because this Will was registered after death of her father.. The above mentioned civil suit was filed by Smt.Reena Bhandari on 5/3/2007. At the time of filing complaint on 12/9/2008, suit was already pending in the Civil Court.<br /> 5. In the civil suit filed by Smt.Reena Bhandari against present complainants and Smt.Beena daughter of Ajit Singh, Simarjit (Seema) d/o Ajit Singh, Preeti d/o Ajit Singh, Surjit Singh brother of Ajit Singh and one Paramjit Singh are shown as defendants. This shows that present complainants and Reena Bhandari are parties in the civil suit and Smt.Reena Bhandari has challenged Will of her father. On the basis of that Will dated 27.6.1999 Randhir Singh and Paramjit Kaur became owner of plot No.58A in Model Town Kapurthala. In the present suit, plaintiff and other legal heirs of late Ajit Singh have claimed ownership rights over the aforesaid plot regarding which present complaint is pending before this Forum.<br /> 6. The Improvement Trust , Kapurthala informed Varinder Kumar Sood G.P.A. of Randhir Singh and Paramjit Kaur that civil suit is pending between legal heirs of original owner of this plot and no further transfer of ownership can be ordered till the decision of above mentioned civil suit which is pending in the Court of Addl. Civil Judge (Senior Division) Kapurthala. Legal Advisor to the Improvement Trust has also advised the Trust that ownership cannot be transferred in the name of Karamjit Kaur in view of complicated civil litigation pending between all legal heirs of late Ajit Singh son of Baldev Singh original allottee of this plot. Before transfer of ownership of this plot from Randhir Singh and Paramjit Kaur to any other person, an intricate question of law and facts is to be decided regarding genuineness of Will of late Ajit Singh dated 27/6/1999 registered on 10/11/1999. The genuineness of this Will cannot be decided by way of affidavits. A lengthy examination in chief and crossexamination of witnesses is required to be exercised to prove the genuineness of Will of late Ajit Singh dated 27/6/1999 and opposite party Improvement Trust, Kapurthala has also decided not to transfer the ownership rights of this plot to Smt.Karamjit Kaur or any other person till civil suit filed by Smt.Reena Bhandari is decided by the civil Court. There is another very complicated question to be answered regarding genuineness of Will is that Will was written on 27/6/1999 and it was got registered on 10/11/1999.During this period, executor of this Will Ajit Singh died on 27/9/1999. What were the circumstances under which Will was not registered by beneficiaries and what was necessity to got it registered after death of executor of the Will. This is very complicated matter of law and fact which cannot be thoroughly examine in this Forum and why other legal heirs were not given any share in his property by Ajit Singh son of Baldev Singh is also a question which can only be decided by the Civil Court. In case cited as 1996(2) CPC 444 NC Hon'ble National Commission has decided that where complicated question is involved in the complaint, proper Forum is Civil Court for relief. Similarly the Hon'ble National Commission held in 1996 (2) CPC 460 that complicated matters requiring extensive evidence cannot be decided under Consumer Protection Act. . We are of the opinion that intricate and complicated question of law and fact is involved in this case and that matter cannot be decided by way of affidavits especially civil suit between the same parties regarding same cause of action and same property is pending in the Civil Court and that suit which is pending in the Civil Court was filed by Smt.Reena Bhandari on 5/3/2007 and this complaint was filed by her brother and mother on 12/9/2008.<br /> In the ultimate analysis of aforesaid discussion we find that complainant has not come to the forum with clean hands and they have suppressed material facts in their complaint, so same is hereby dismissed with no order as to costs and this dismissal of complaint nullifies merit of application of Reena Bhandari and same is also stands dismissed. <br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : (Shashi Narang ) (Gulshan Prashar ) (Paramjit Singh)<br /> 23.12.2008 Member Member President.