ORDER                               

    Called. Complainant and Advocate for complainant absent. No representation.  The present complaint filed on 29.4.2016.  After filing the above said complaint came on board on 10/5/2016 to hear on registration of complaint & issuance of notice to respondent. LC for complainant appeared & took time and adjourned to 16/5/2016.Complaint called.  LC for the complainant filed list with documents.  Since on that day no quorum except presiding member, case had been adjourned to 20/5/2016.  Complainants and their counsel absent. Hence adjourned to 24/5/2016.  On that day also no one appeared. Hence adjourned to 31/5/2016.  Called no one appeared, no representation. Since more than 30 days has elapsed, no reason in giving time to address argument on registration & issuance of the notice.

          Sec.12 (3) is mandatory to decide the complaint within 21 days from the date on which the complaint was received.   However looking into the context facts & prayer of the complaint is concerned the complaint is of nature of civil injunction suit.  Further on perusal of the complaint, as admitted by the complainant, cause of action arised in the year 2002. Subsequently one of the complainants No.12 approached Civil Court  namely Forth Addl.Civil Judge,(Jnr.Dvn)  Hubli & filed Original Suit, in O.S.67/2003 praying the relief of mandatory injection against dependents, i.e., against the present respondent.  The said suit on the file of Addl.Civil Judge in O.S.67/2003 disposed on 2/4/2008 in dismissal.  

As per the own admissions  of the complainants aggrieved by the said order preferred  Revision before Hon’ble High court Dharwad Bench in RAS 5271/2010 the said RAS disposed on 27/2/2015 ,on withdrawal by the appellants .  Now the complainant approached the forum with same prayer and relief which were sought in the above said Civil Suit.   The Honorable Addl.Civil Judge answered all the issues framed in negative except issue No 5 & 6 out of 10 issues framed.  So taking into consideration of matter has been attained finality & as per the judgment in Civil Suite, this forum lack the jurisdiction to entertain the present complaint.  Even the prayer of the present complaint taken into consideration the forum lack the jurisdiction.  Apart from all these, the matter involved in the present complaint is complicated question of facts and law, which require voluminous trial & it cannot be decided by this forum in a summary trial jurisdiction.

Taking into consideration of non-representation, expiry of 21 days as per Sec. 12 (3) of the C.P.Act and lack of jurisdiction to adjudicate the matter in question, the present complaint is not maintainable & hence dismissed. However the present order will not comes in the way of complainants rights to approach appropriate forums, courts etc., in seeking relief.