NIRANJANBHAI CHOKSI Vs. KANAKNIDHI CORPORATION

JUDGEMENT

(1.) Mr. Justice M.S. Parikh, President ''By way of this complaint the complainant has prayed for following reliefs :

(2.) Opponent has resisted this complaint inter alia on the ground that this complaint is not maintainable at law as the complainant cannot be said to be a consumer, that this Commission will not have jurisdiction to try and decide this complaint as highly complicated questions of facts and law arise and detailed and elaborate evidence is required, that the transaction alleged in the complaint is for commercial purpose, that R.C.S. No. 267/2002 has been filed against the Surat Municipal Corporation and it is sought to be directed to collect impact fees and regularize the construction, that no permission has been sought from the Civil Court to file any other suit to recover impact fees and that the present complaint is barred by the provisions of Order 2 Rule 2 of the C.P.C.

(3.) When this complaint came up for hearing in the first session the complainants learned Advocate wanted to give an application for withdrawal of this complaint with liberty to take up his cause which has been presented in the pending complaint, by way of appropriate proceeding. At that stage the learned Advocate appearing for the opponent objected for any such permission being granted. The matter was kept for passing of the order. However, when this matter is again called out we are surprised to notice that neither of the learned Advocates is present before this Commission and that neither the complainant has given application as was submitted nor has the opponent given objection as was submitted.