NIKI-TA CARES Vs. SURYA PALACE

JUDGEMENT

(1.) Perused MA 280/2015 along with IA 3893/2015 (for stay of impugned order dated 09.01.2014), with the prayer that the order dated 29.05.2015, be recalled.

(2.) Counsel for the petitioner submits that he could not raise few points when the main order was passed. So far as the main question is concerned, it goes to the root of the jurisdiction of consumer fora. Permission granted. Arguments were heard at length.

(3.) The main controversy swirls around the question, "whether, the lift installed in the Surya Palace, the complainant, by M/s. Nikita Care, the OP, is used for 'commercial' purposes?". The first objection set up by the counsel for the complainant/respondent is that this question, was not raised by the OP before the District Forum. The same was raised for the first time, before the State Commission. He vehemently argued that this objection cannot be raised, at this stage.