This Misc.Application being no. 245/2022 is filed by the complainant praying for injunction order against all the opposite parties to make the lift/elevator in question functional or operational till disposal of this case, stating ,inter alia, that the assembled parts of the lift/ elevator in question are not up to the mark and of inferior quality so that the complainant is not satisfied at all with the function of the lift/elevator.
It is noticed the elevator not working properly as multiple major equipment are not available in the lift/elevator and the parts used therein are of inferior quality. Therefore, elevator/lift needs replacement of all inferior qualities of parts with necessary repair work as the same is in total breakdown condition.
By filing the instant Misc. Application, the complainant/petitioner prayed for a direction upon the opposite parties to make the said elevator/lift functional or operational till disposal of the case.
The Ld. Advocate of the opposite party no. 1 raises a strong objection against the prayer of the complainant/petitioner on the ground that the main relief of the complaint case cannot be granted in favour of the complainants by way of any interim order. It has been further stated that the opposite party no. 1 has already submitted written version denying the allegations of the complaint application of CC/614/2022.
Heard both sides.
It appears from the record that in complaint application, the complainants alleged that the parts used in lift/elevator are of inferior quality which are required to be replaced and multiple major equipments are not available in the said lift/elevator which are denied by opposite party no. 1 in his written version.
The same has to be adjudicated by the touch stone of evidence of both parties. It is settled law that substantial relief cannot be granted by way of passing any interim order which will tantamout to prejudging of the complaint case.
Therefore, the prayer of the complainant/petitioner is not liable to be allowed.
In the light of the observation made above, the Misc.Application is liable to be rejected.
Thus the Misc.Application no. 245/2022 is disposed of.
However, considering the circumstances of the case, we feel that the complaint case be disposed of, expeditiously.
