HARMANADAR SINGH SETHI Vs. J K MEHRA

JUDGEMENT

(1.) We are proceeding to dispose of both of these appeals at the stage of their admission itself. Respondents-org. O. Ps. are present through their Advocates in response to the notices before admission issued by us on 23rd September, 2003.

(2.) We are proceeding to dispose of these appeals on hearing the learned Advocates for the parties as above and on perusal of the material available in the appeal paper book with common judgment since the factual aspects involved in both the matters are identical. Respondents are also common in both the appeals and status of the complainant in both the appeals is also identical being flat purchasers. (For brevity's sake parties are hereinafter referred to as appellants-org. complainants as 'flat Purchasers' and respondents-org. O. Ps. as 'builders' ).

(3.) The flat purchasers are the appellants in both the appeals who have filed these appeals being aggrieved by the order dated 22nd July, 2003 passed in the respective complaints by the District Forum, whereby District Forum proceeded to dismiss both the complaints with a view that the disputes being the subject matters thereof were not amenable to its jurisdiction. Inter alia it is perceived by the District Forum that the subject matters of both the complaints was of a civil nature and as such it declined to entertain the same as consumer disputes.