Order No. 02

Ld. Advocate for the opposite parties/petitioners is present.

Ld. Advocate for the complainant is present.

The Misc. Application dated 03.03.2023 is taken up for hearing along with its written objection filed by the complainant today.

Perused. Considered.

Heard both sides.

Ld. Advocate for the opposite parties/petitioners submits that the complainant has filed this instant case on the ground of dishonor of two cheques issued by the opposite parties in favour of the complainant. Therefore, this Commission lacks jurisdiction as the dispute between the parties is not under the ambit of Consumer Protection Act, 2019 and the Complaint Case is liable to be dismissed.

In reply, Ld. Advocate for the complainant submits that he is a consumer in terms of the Consumer Protection Act, 2019 in this case.  He has hired service of the opposite party for development of his property for which the opposite parties are liable to pay a certain amount to him and to construct a multi storied building as per sanctioned plan on his property. The opposite parties issued two cheques in his favour which he presented in bank but both the cheques were dishonored. Moreover, the opposite parties have constructed the building in deviation of the sanctioned plan which tantamount to unfair trade practice. The case is well maintainable in law and this Commission has ample jurisdiction to try the case.

The complainant has raised question of unfair trade practice which is to be decided on the touch stone of evidence of the both the parties. Moreover, Section 100 of the Consumer Protection Act, 2019 shall act as an addition to and not in derogation of the provisions of any other law for the time being in force. That apart, there was agreement between the parties for development of the property. Therefore, the complainant is consumer in terms of Section 2(7) of the Consumer Protection Act, 2019.

Having considered the discussion made above we are of the opinion that the CC/623/2022 is well maintainable in law and this Commission has jurisdiction to try the case.

Therefore, the Misc. Application dated 03.03.2023 filed by the opposite parties/owners is dismissed on contest but without cost.