SHIVAJI TATYABA SANAP Vs. JIJABAI SHIVARAM SAGALE

JUDGEMENT

(1.) The appeal is taken on board for hearing. As a matter of fact the appeal filed is not a proper remedy since the same has been filed against the order of the District Forum rejecting the application of the applicants who are O. Ps. in the said complaint for deciding maintainability of the complaint before the District Forum as a preliminary issue.

(2.) It is to be stated that the said application was moved by the original O. Ps. with the contention that the flat in question was constructed by the Co-operative Society of which complainants/respondents herein are the members, District Forum however did not find substance in the said application and in our view rightly.

(3.) At the outset it needs to be stated that on perusal of the complaint, its cause title and averments in the complaint, the same is by the flat purchasers against the builders. As stated, respondents herein are the original complainants/flat purchasers and appellant is the builder.