S.S.SANDHAWALIA, S.KULWANT SINGH
PAWAN KATIAL – Appellant
Versus
ANSAL HOUSING AND CONSTRUCTION LTD. , PANCHKULA – Respondent
Mr. Justice S.S. Sandhawalia, President — Whether the considered judgment of the National Commission would cease to hold the field, the moment a special leave petition is admitted against it by the Hon’ble Supreme Court? Whether the consumer jurisdiction is ousted in a situation where the promoter-builder chooses to frame the ultimate agreement with its allottees in the phraseology of a lease-hold betwixt a proposed lessee and the lessor? These are the two significant threshold questions in this set of two connected complaint Nos. 20 & 22 of 1992.
2. For the limited purpose of this order disposing of the preliminary jurisdictional objections raised by the opposite parties, it is unnecessary to delve deeply into the facts. It suffices to mention that M/s. Ansal Housing and Construction Limited on their own showing are part of a well reputed group of promoter-builder companies at the national level. According to the complainant, they advertised in ‘The Tribune’ dated 7th of February, 1989 for the sale of the show-rooms and office flats on free hold land in a scheme styled as Sampark Shopping-cum-office complex in City Centre at Panchkula vide Annexure C-1. The five complainants a
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