Order no. 6        dt. 13/02/13

The record is put up for order. Instant hearing arose out of a petition filed by the o.p. on 03/12/2012 challanging the maintainability of the case. Complainant has filed written objection against the aforesaid petition on 01/02/2013. 
We have gone through the petition filed by the o.p. challanging the maintainability of the case alongwith the objection thereto filed by the complainant together with the earlier materials on record and upon consideration of the decesion of the Hon’ble Apex Court of India published in the AIR 2010, SC-90 in the Civil Appeal No. 7687 of 2010 that such taye of complaint shall be determined by Arbitrator.
In view of the above findings, we are of the of the view that this case is not emntertainable by this Forum and instant case is dismissed with a liberty to agitate the issue on the salf same cause of action by the complainant before the appropriate Forum.
A plain copy of this order be supplied to the complainant free of cost.