Today is fixed for hearing of the petition which has been filed on 22/03/2022 which is treated as MA No. 07/2022.  The complainant Op side has filed w/o against the MA application.

Ld. Advocates of both sides are present. 

According to the argument of Op petitioner side the case is not maintainable as per agreement and the principle of caveat emptor is applicable in this case.

On the other hand it is the point of contention and argument of complainant/ respondent side that the question raised in the maintainability matter is connected with the trial and without getting evidence of both sides this case cannot be disposed of on the ground of maintainability.

On the background of the above point of contains and argument highlighted by the parties of the case it appears that the OP side has already filed w/v and copy of the w/v has also been served upon the complainant side.   Moreover after the implementation of Consumer Protection Act, 1986 the principle of convict emptor is no longer exists is no longer in existence.  But facts remains that the principle of caveat venditor is now applicable after the initiation of  Consumer Protection Act, 2019.  Moreover according to the provision of Section 4 of the Sale of Goods Act the facts of argument which has been pointed out by the op/ petitioner side cannot be accepted at this stage. All these factors are clearly reflecting that only on the ground of maintainability this case cannot be disposed of. Moreover the maintainability point which has been raised by op/ petitioner side can be heard along with the trial.

In the light of the observation made above the MA application being No. 07 of 2022 is disposed off accordingly.