Order No.09

The Ld. Advocate of the complainant is present. The Ld. Advocate of the OP 1 to OP 5 (developer) and the Ld. Advocate of OP no. 6 (land owner) are also present.

The MA/59/2021 in the original case no. CC/327/2021 is taken up for hearing.

The Misc application is filed with a prayer for an advance deposit from the OPs in the form of Fixed Deposit at any nationalized bank to secure claim of the complainant during adjudication of the present complaint and also restraining OPs from dealing with the suit property etc.

It appears from the details as mentioned in the said MA petition that the contents are almost identical to the original complaint petition which is under adjudication at various stages.

But the present application is wholly inconsistent with the stance taken by the complainant cum applicant since the matter is already under adjudication. The subject matter of both the MA petition and original complaint are more or less same excluding only the prayer portion. In the meanwhile claim and counter claims have been made in this form or other raised by both the sides which are interlinked. Therefore, there is no scope to take advance action with the current status of the instant case in respect of this MA petition without proper adjudication of the original case, which may otherwise get prejudiced.

The Consumer Protection Act is a branch of law of torts where the only remedy is damages for either goods being defective or unfair trade practices or deficiency in services. The violation of the principle of natural justice is not akin to the approved ground for filing a MA petition under CP Act.

Hence it is ordered that the said MA petition be and the same is dismissed on contest.

The MA petition is thus disposed of accordingly.

04.05.2023 is fixed for filing evidence by the complainant.