Order No.12

Today is fixed for MA being no. 81/2022.

Another application seeking dismissal of the case is lying with the record and the same is registered as MA/209/2022. Heard the Ld. Advocates on both sides. By filing MA/81/2022 the complainant has sought for amendment of the complaint. But on perusal of the application we fail to understand what exactly the complainant has wanted to introduce by way of amendment. He has not categorically mentioned the same within four corners of the application. With liberty to the complainant to file fresh application in proper form for that end the MA/81/2022 on account of the complaint is rejected and disposed of.

From the submissions advanced by the Ld. Advocates on behalf of the promoters, landlords and complainants it comes to light that the three Title Suits filed by the promoters and one title suit filed by the complainant no. 2 against complainant no. 1 are pending before Barasat Court over the self-same property. The numbers of those suits are TS/39/2017, TS/401/2017, TS/253/2019 and TS/146/2022. The final order if any passed in this Consumer Case may come in conflict with the orders/judgment passed in any of the aforesaid title suit. The parties should not be allowed to avail of with both the forums simultaneously for the self-same cause. Therefore, the present case should remain stayed awaiting the result of the aforesaid title suit.

As such, 23.02.2023 is fixed for bringing the status report in respect to the aforesaid title suit.