do not lay down any blanket proposition that purchase of more than one property would automatically result into conclusion that such purpose is for commercial purpose by way of investment. In any case, this comment may be ignored. At the time of hearing the matters will be heard on merits finally. In our view, we see no difficulty in admitting the complaints. Therefore, complaints are admitted. Notice after admission is waived by the opponents. Adjourn on 03/07/2015 for filing written version by the opponents. Ad-interim relief if any, to continue till then.
Mr. Vali, learned Counsel appearing for the Appellants, has vehemently submitted that it is settled proposition of law that when a question of jurisdiction of the Forum to entertain the Complaint is raised at the threshold, such an objection has to be adjudicated as a preliminary objection. In support, reliance is placed on a decision of the Honble Supreme Court in K. Sagar, Managing Director, Kiran Chit Fund, Musheerabad Versus A. Bal Reddy And Anr., (2008) 7 SCC 166.
Thus, the short question for consideration at this stage is as to whether the State Commission was justified in admitting the Complaints by observing that the question of maintainability of the Complaints on the ground that purchase of four flats for being gifted to the four daughters of the Complainant amounts to commercial purpose, shall be examined at the time of final hearing of the Complaints.
Without expressing final opinion on the afore-stated proposition, we are of the viewprima facie that unless it is shown by bringing on record some cogent material that a purchaser is engaged in the purchase and sale of flats/houses on regular basis with a view to make profit by sale of flats/houses, a mere purchase of a more than one flat would not be sufficient to hold thatper se the purchase was for commercial purposes.
In that view of the matter, we do not find any illegality in the impugned order, directing the Appellants herein to file their written versions, which would be necessary for effectual adjudication on the said objection as well. It is manifest from the order that after the pleadings and evidence has been brought on record, the State Commission would decide the question of its jurisdiction to entertain the Complaints, before proceeding to deal with the rival stands on the claims made in the Complaints. The said exercise would be in consonance with the ratio of the decision of the Honble Supreme Court in K. Sagar (supra).
In the result, the Appeals fail and are dismissed but with the above observations. in limine ......................J D.K. JAIN PRESIDENT ......................
M. SHREESHA MEMBER