ORDER NO. 10 

Parties to this Appeal are present.  Heard the Ld. Counsel for the Respondent-Nirala Properties Pvt. Ltd. who with reference to the I.A. 709/2019 submitted that the Appeal cannot be disposed of at this stage due to the fact that a Review Application, being RVW No. 183 of 2016, is yet to be disposed of by the Hon’ble High Court at Calcutta.  Upon consideration of the matters involved in the Review Application, it appears to us that the property, in respect of which the agreement was entered into between the Complainant and the OP, is not the subject matter of the Complaint Case, being CC/159/2010, but the recovery of earnest money paid and other consequential relief.  The Complainant of CC/159/2010 filed that Complaint Case before the Ld. DCDRF, South 24 Parganas, claiming recovery of the earnest money already paid, from the OP with interest, compensation, etc.  That Complaint Case was disposed of by the Ld. District Forum by order dated 5.6.2018 and the Complaint Case was allowed and the same is challenged in this Appeal by none but the Complainant feeling aggrieved by the order impugned.  Now, we have to examine the propriety of the judgment and order impugned dated 5.6.2018.  This case is in no way connected with the title or encumbrance of the property involved in the Writ Proceeding, pending before the Hon’ble Court and neither of the parties will be prejudiced if we hear out the Appeal and dispose it of on merit.  Hence, we fix   6.4.2020 for hearing of the Appeal.  The I.A. 709/2019 is thus disposed of with the above observations.