O R D E R

        To date is posted for passing order in respect of the Miscellaneous Application being No.MA/570/2015.

        The Complainant in the, Complaint Case, by filling the instant Miscellaneous Application, has stated that being attracted to an advertisement published in a daily newspaper the Complainant applied for a flat and after conducting a lottery the Opposite Party allotted a Complainant an MIG flat to the Complainant at a consideration of Rs.21,35,160/-.  It is further stated that the Complainant paid Rs.21,94,772/- to the Opposite Party authority towards full and final payment but the said authority did not comply with the process of Registration in respect of the said flat so far.  It is specifically contended in the instant Miscellaneous Application that the Complainant availed house building loan from Dena Bank for purchasing the said flat and has been paying E.M.I. regularly without enjoying the said property and, further, due to non-execution of lease deed as mortgage document scheduled to be deposited with the bank the said bank has been serving notice upon the Complainant frequently informing him that the loan which has already been sanctioned will be cancelled since no document related to the property has been filed so far.  Accordingly, the Complainant has prayed for direction upon the Opposite Party to complete the registration procedure of the lease deed and to repair the flat in question as well as hand over the possession of the said flat immediately.

        In course of hearing Ld. Advocate for the Miscellaneous Applicant has submitted that that unless and until the registration of the Lease Deed is done, the Bank will not stop sending notice to the Complainant and hence the Complainant has filed the instant Miscellaneous Application.

        Ld. Advocate for the Opposite Party has submitted that the relief prayed by the Miscellaneous Applicant in the MA No.570/2015 are identical to the first two prayers as made in the petition of Complaint being No.CC/218/2014 and, therefore, the same may not be allowed at this stage.

        On perusal of the documents on record it appears that the Complainant has filed a petition of complaint before this Commission alleging deficiency in service on the part of the Opposite Party for non-delivery of possession and non-registration of lease deed in respect of a flat for which the Opposite Party received entire amount of consideration from the Complainant and accordingly, prayed for direction upon the Opposite Party to deliver the possession of the flat in question, register the Lease Deed in respect of the said flat, pay Rs.6,00,000/- towards compensation in form of interest, pay Rs.4,00,000/- towards compensation for mental agony, pay Rs.20,000/- towards cost of litigation.

        Evidently, the fact in issue is involved in transfer of possession and execution of Lease Deed in respect of the flat in question.  It is also evident that the point to be determined in the instant Miscellaneous Application is involved in the fact of the Complaint Case.  Therefore, determination of those points at this stage will make the case prejudged.

        In such view of the matter, the instant Miscellaneous Application is dismissed.