Order No: 06 Date: 03 /09/2024
This case record is taken up for consideration in the matter of passing order in this MA Case which has been filed by the OP of Complaint Case No. 136/2023 on the ground that the above noted Complaint Case is not maintainable.
This matter has been contested by the OP of this MA Case who is the complainant of the above noted Complaint Case, by filing W/O.
The argument highlighted by Ld. Advocates of both sides has been heard in full.
Considered submission.
It is the main point of contention and argument of the applicant of this MA case that the transaction in between the parties has been concluded in the year 2017 but the complainant has come forwarded with the complaint petition in the year 2023 and this case has been filed on 19th June, 2023 which is after the lapse of 6 (six) years and so this case is barred by limitation and the OP of this MA Case who is the complainant of the above noted Complaint Case has no cause of action to file the above noted Complaint Case.
On the other hand, Ld. Advocate for the OP of this MA Case who is the complainant of the above noted Complaint Case adopted the plea of continuous cause of action as because the contact in between the parties has not been finalized and / or the claim of the OP of this MA Case ( who is the complainant of the above noted Complaint Case) has not yet been carried out by the applicant of this MA Case. In support of this point of contention the OP of this MA Case referred the case laws which is reported in AIR2022SC428.
For the purpose of arriving at just and proper decision in this MA Case, there is urgent necessity of making scrutiny of the material of this MA Case record as well as the material case record of Complaint Case No. 136/2023.
After going through the material of this case record this District Commission finds that in this case the OP of the MA Case (who is the complainant of the above noted Complaint Case) has raised serious allegation against the Promoter / Developer and such type of allegation would be evident from the body of the complaint petition as well as for the agreement for sale . In spite of raising serious allegation and highlighting claim against the Promoter / Developer, the complainant has not incorporated the Promoter / Developer as a party of this case and so it is crystal clear that the above noted Complaint Case being No. 136/2023 is bad for non-joinder of parties. This matter is clearly reflecting that the Complaint Case is not maintainable in the eye of law.
So, the MA Case No. 106/2023 be and the same is allowed on contest.
In the light of the observation made above this MA Case is disposed of.
No order is passed as to cost.
Dictated & corrected by me
President
