Order No:5                                                                                          Date:12 /12/2023

Today is fixed for  hearing of this MA Case which has been instituted  by OP of CC Case No.  423/2018 on the ground  that the CC Case No. 423/2018 is not maintainable.

This MA Case has been contested by the complainant side by filing  written objection.

Heard both sides.  Considered submission.

Perused  the petition  which has been filed in this MA Case  and also examined the written objection  which is filed by the complainant of above noted CC Case who is the OP of this MA Case.

It is the main point of contention  and argument  of the applicant side  that the agreement for sale was executed  in the year  2006 and this case has been filed in the year 2018 and so  this case is barred by limitation and it is also pointed out  that there is no relationship of consumer and OPs in between the parties of this case.  It is argued  that as per agreement for sale this case  would come under the purview of Specific Performance Act and so this District Commission has no jurisdiction to try this case.

On the other hand the complainant of CC Case No.  423/2018 who is the OP of MA Case by drawing the attention of this District Commission on the 2023 (2) Indian Civil Cases 241 (S.C.), II (2018) CPI 438 (NC) &  II (2018) CPJ 284 (NC) pointed out that  this case is maintainable  and the OP has signed on the  agreement  for sale  which has not been  denied.  For all these reasons  the OP of this MA Case  prayed before this District Commission for dismissing  this case with heavy cost.

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 finds  that the points of argument which have been highlighted  by OPs and applicant side  of this MA Case are related with the  trial of this case.

The trial of this case has already been  commenced  and the CC Case No. 423/2018 is pending  at this stage of filing evidence on affidavit by the complainant.  In view of this position  it would be just and proper  to hear this point  of maintainability  of CC Case No. 423/2018 is to be  heard alongwith  trial of this CC Case.

Thus, it is crystal clear that the MA Case No. 19/2023 which has been filed by OP of the above noted  CC Case  is premature  and so  it is dismissed.

In the light of the observation made above the MA Case is disposed of .

Let  the case record of MA Case No. 19/2023  be tagged with the case record of CC Case No. 423/2018.

Dictated & corrected by me.

President