P.C. WADHWA Vs. HANIL ERA TEXTILES LTD.

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 06.01.2006 (Annexure P/5) passed by learned Civil Judge (Junior Division), Chandigarh whereby application filed by the respondent under Section 11 read with Section 151 C.P.C. has been allowed and the suit of the petitioner has been dismissed.

(2.) Brief facts relevant for disposal of this revision petition are that the petitioner-plaintiff filed a suit for recovery of Rs.1442/- against the respondent-defendant. After notice, the respondent-defendant appeared and moved an application under Section 11 read with Section 151 CPC wherein it was averred that suit is barred by principle of res judicata because the issue involved had already been adjudicated on merit by the National Consumer Disputes Redressal Commission constituted under the Consumer Protection Act, 1986 (hereinafter referred to as the "CP Act"). The petitioner-plaintiff contested the application on the ground that although his complaint stands dismissed by the Consumer Fora but it does not bar the jurisdiction of civil court to try the suit for recovery. The Commission under the CP Act is quasi-judicial authority and the provisions of the Code of Civil Procedure are not applicable. Section 3 of the CP Act specifically provides that the provisions of CP Act shall be in addition to and not in derogation of the provisions of any other law for time being in force. The trial Court ultimately, accepted the application of the respondent and dismissed the suit of the petitioner vide the impugned order (Annexure P/5). Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.