Order No:   7                                                                      Date:11/09/2023

Today is fixed for filing written argument by the applicant side and O.P. of this M.A. Case. 

Both parties are found present.  The parties of this case have filed their brief notes of argument.  Heard both sides.  Considers  submission.  

This M.A. Case has been initiated in view of the prayer of O.P. which has been filed for declaring the C.C. Case No. 88/2019 as not maintainable.

This matter has been contested by the O.P. of this M.A. Case who is the complainant of this C.C. Case No. 88/2019.

It is the main point of contention and argument of the applicant side of this M.A. Case who is the O.P. of C.C. Case No. 88/2019  that no consideration amount has been paid  at the time of the  execution of the Development Agreement  and so the O.P. of this M.A. Case is not consumer in the eye of law.  In support of the point of contention the applicant side refers the case laws which are reported in AIR 2004, Supreme Court page 2186 and 2003(1) Supreme Court Cases page 557.

On the other hand it is the main point of contention and argument of the O.P.  of this M.A. Case and complainant of C.C. Case No. 88/2019 as well as O.P. No. 4 on above noted C.C. Case  same type of application was filed   and that  application was rejected by this District Commission and against the said order,   the applicant preferred revision before the Hon’ble State Commission  and Hon’ble S.C.D.R.C. has also been pleased to affirm the order passed by District Commission  and so the  application has been filed by the applicant of this M.A. Case is barred by limitation .

It is admitted fact that the applicant side of this instant M.A. Case has preferred revision petition being No. RP/90/2022 which has been disposed of by the Hon’ble State Commission on 30^th August 2022 and has been pleased to direct this District Commission for expeditious  disposal of this C.C. Case preferably  within 2 (two) months.  In view of such direction it is the main duty of this District Commission to enter into the trial of the complaint Case No. 88/2019,  which is now lying at this stage of recording evidence.  Under this position the prayer of the O.P. for hearing the point of maintainability of this case can be heard alongwith the trial.  From the case record of C.C. Case No. 88/2019 it is revealed that the said case is pending at this stage of filing evidence on affidavit by the complainant.

For the interest of expeditious disposal and carrying out the direction of the Hon’ble State Commission the point of maintainability which has been raised by O.P. of this C.C. Case No. 88/2019 is to be heard alongwith the trial.

In the light of the observation made above the M.A. Case No. 72/2022 is disposed of on contest.

Dictated & corrected by me.

President