Today is fixed for order on miscellaneous application being No. 264/2022.

We have given opportunity of being heard to the Ld. Advocates on both sides and vetted the application together with other material on record. Ld. Advocate appearing for the Ops has taken two grounds in support of his application seeking dismissal of the case.

The first ground is that the property being a plot may not attract Consumer Protection Act and the second ground is that in view of the clause inserted in the agreement under Para – 14, the complainant was debarred from filing this case before this Commission.

But material on record, goes to suggest that not only the plot but also other facilities, services were intended to be purchased. Again, the stipulation made in the agreement by the parties to this case that in case of dispute the same would be referred to particular authority does not stand on the way. In the face of such stipulation in the agreement the complainant had right to file complaint before this Commission.

Therefore, the grounds taken by the Ops in support of the MA appear to be unimpressive and cannot be upheld.

The MA calls for no action and hence rejected.

06.04.2023 is fixed for filing evidence by the complainant.