ABDUL WAHID LATIF KAZI Vs. GULAB ENTERPRISES

JUDGEMENT

(1.) Respondents are present through their Advocate in response to notice before admission issued by us on 17.2.2004, when application on behalf of the appellant was moved for its admission/hearing. We, therefore, proceed to dispose of this appeal at the stage of its admission itself on hearing the learned Advocates for the parties and on perusal of the material available in the appeal paper book.

(2.) At the outset we wish to clarify that we are not adverting to the merits or demerits of the issues involved in the matter, since we are prima facie satisfied that this matter should go back to the District Forum for consideration afresh on merits.

(3.) Few relevant facts: (Hereinafter appellant is referred to as "gala purchaser" and respondent as "builder ). " the Gala purchaser has filed this appeal against the order dated 5.1.2002 passed by District Forum, Thane rejecting/declining to entertain complaint of the complainant and relegating the complainant to the Civil Court. Gala purchaser has filed his complaint referring and relying upon the Agreement dated 26.1.1997 entered into between him and the Builders and claimed possession of the premises in question and other related reliefs on the basis thereof.