Mr. Justice S.C. Datta, President—This is an appeal by the complainant whose case had been dismissed as being not maintainable. The appellant is the Secretary of Dhakuria Station Road, ‘Dakshinabas’ Residents’ Welfare Association, for short Association. He has filed the case before the Forum for self and on behalf of eight flat owners. The allegation is that after delivery of possession was effected to the flat owners, cracks have developed at various portions and/or places on the Inner Super-structure of this building. The condition of the building went from bad to worse and big chunks of concrete peeled off and started falling posing grave danger and threat to the life and property of the inmates of the flats. The complainant has given the details of damages that have occurred in the flats. The Forum declined to adjudicate the dispute on the ground that voluminous evidence has to be gone into and scrutinised for adjudication of the dispute. The Forum observed that such type of cases should not be tried by a Consumer Forum. The Forum had occasion to notice the decision of the Hon’ble National Commission wherein it has been held that cases involving extensive oral evidence and