Order No:  5                                                                            Date:22/07/2024

Today is fixed for hearing of this M.A. case. Ld. Advocates of both sides are found present and ready.

Heard both sides. Considered submission.

Perused the M.A. application and the W/O which is filed by O.p.

On close examination of the M.A. application it is found that the applicant of this M.A. case has prayed for dismissing the complaint case No.220/2022 on the ground that the said case is not maintainable as it is barred by limitation and the complainant is not a consumer in the eye of law. Over this issue the applicant side lay emphasis on the Agreement. On the other hand the O.p. of this M.A. case pointed out that in spite of completion of the project the applicant side of this M.A. case has not executed and registered the Deed of Conveyance. It is also pointed out that O.p. who is the complainant of C.C. case no.220/2022 is a tenant under the Owner and Developer and the Agreement which has been executed is shifting Agreement.

After going through the materials of the case record, it is found that in Complaint case No.220/2022 complainant has already filed evidence on affidavit and this complaint case is pending at the stage of filing questionnaire by the O.p. of the said complaint case. It indicates that trial of the complaint case has already been commenced and it is on the verge of disposal. Moreso, the point which has been raised by the O.p. of the above noted complaint case that complainant is not a consumer can only be decided after recording evidence.

In view of such position, it would be just and proper to hear the maintainability issue alongwith the trial of this case.

So, the maintainability issue is to be decided after completion of the trial of the above noted C.C. case.

In the light of the observation made above, the M.A. case No.95/2023 is disposed of. No order is passed as to cost.

Dictated & corrected by me.

President