DILIP KUMAR Vs. GULNAR BUILDERS

JUDGEMENT

(1.) This is an original complaint against the aforesaid party filed by the complainants jointly, complaining deficiency in service in construction of flats built by the opposite party.

(2.) These very flat owners had earlier also filed a complaint against this very opposite party through a Society formed by the complainants. That Complaint No.199/93 was dismissed vide letter dated24.10.1994 as withdrawn on the ground that no leave was sought for representation by the Society.

(3.) After that the complaint having been withdrawn, this complaint was filed by the complainants jointly on the very same grounds which according to the opposite party is barred by res judicata. The opposite party further argued that this complaint is not maintainable as the complainants have not made Society as joint party in the proceedings and that the earlier complaint was withdrawn as a result of an agreement executed between the two parties and filed before the State Commission stating therein that the complaint shall be withdrawn.