Order no. 6 , dt. 21.09.2023
This case record is taken up for consideration in the matter of passing order of this MA case which has been instituted in view of the application filed under order 7 rule 11 of C.P. Code read with section 69 of the Consumer Protection Act, 2019.
This matter has been contested by the OP of this MA case who is the complainant of C.C. case no.2/2020.
The argument highlighted by Ld. Advocates of both sides have been heard in full. Considered submission.
It is the main point of contention and argument of the applicant of this MA case that there is no cause of action for filing this case and by incorporating certain dates for attracting cause of action, the complainant cannot create cause of action of this case and so this complaint case is not maintainable.
On the other hand, the OP of this MA case pointed out that there is cause of action for filing this case and it has been categorically stated in the complaint petition as well as evidence on affidavit and so the prayer of the applicant of this MA case is liable to be rejected.
For the purpose of arriving at just and proper decision of this MA case, this district commission after going through the material of this case record as well as the case record of C.C-2/2020 finds that the C.C-2/2020 is pending at the stage of filing evidence on affidavit by the OP which indicates that the C.C. case no.2/2020 is on the verge of disposal. So it would be wise and just and proper to hear the maintainability issue which has been pointed out by the OP side of the above noted C.C. case can be heard alongwith the trial of C.C.-2/2020. For that reason the interest of none of the parties would be jeopardized.
In the light of the observation made above it is held that the maintainability point which has been raised by the OP of C.C-2/20 is to be heard alongwith the trial of C.C-2/2020.
In the light of the observation made above this MA case no.8/2023 is disposed of on contest.
Let the case record of MA-8/23 be tagged with the case record of C.C-2/2020.
