SUNIL KISHANLAL SOI Vs. SHIRISH GIRISH DIXIT

JUDGEMENT

(1.) At the outset, learned Counsel appearing for the Opposite Party has raised a Preliminary Objection regarding the maintainability of this Complaint on the ground that on similar cause of action, viz., the alleged deficiency in service on the part of the Opposite Party in not delivering possession of shops No.3 to 7 and 14 in the building in question, Complaint No.954 of 2015, has already been dismissed by this Commission vide order dated 27.11.2015.

(2.) Learned Counsel appearing for the Complainant, while candidly admitting that the said Complaint did pertain to the same very shops, which are the subject matter of the present Complaint, submits that the said Complaint was dismissed mainly on the ground of competency of the Complainant to file the Complaint in his individual capacity as the shops had been booked in the name of Hindu Undivided Family (HUF) and therefore, the present Complaint, now filed by the HUF through its Karta is maintainable.

(3.) Having perused the order dated 27.11.2015, we are unable to persuade ourselves to agree with learned Counsel for the Complainant.