Today is fixed for passing order of this MA case which has been filed by OP of CC-26/2021 on the ground that the above noted CC case is not maintainable in the eye of law.

This MA case has been contested by the OP who is the complainant of above noted CC case by filing written objection.

Heard argument of both sides in full.  Considered submission.

 Perused the MA application which has been filed by the applicant and also examined the written objection filed by the OP. 

It is the main point of contention and argument of the applicant side that the complainant has purchased property for commercial purpose and so the complaint case is not coming under the purview of section 35 of the Consumer Protection Act 2019.

On the other hand, the OP of this MA case who is the complainant of CC-26/2021 submitted that CC case is maintainable and so this MA case is required to be dismissed.

For the purpose of arriving at just and proper decision in this MA case there is necessity of making scrutiny of the materials of this case record as well as of the case record of CC-26/21.  After going through the material of this case record it appears that the question raised by the applicant side of this MA case that the complainant has purchased property for commercial purpose is required to be adjudicated by way of recording evidence.  Moreso the CC-26/21 is on the verge of disposal and the point of maintainability and the question which has been raised by the applicant of this MA case over the issue of commercial purpose can be decided after completion of trial of CC-26/2021.  Moreso the similar type of prayer has already been decided by this District Commission vide order no.12 dt.12.8.2022.  So the point of maintainability is to be heard alongwith the trial of this case.  In the light of the observation made above this MA case is disposed of.

Let the case record of MA case-24/2023 be tagged with the case of CC-26/2021.