ABEE ASSOCIATES Vs. PARADISE HEIGHTS CHS LTD

JUDGEMENT

(1.) THE petitioner / opposite party being aggrieved of rejection of his preliminary objection regarding maintainability of the complaint has preferred this revision against the order of State Commission Maharashtra, Mumbai in CC No. 11/283.

(2.) BRIEFLY stated, the facts relevant for the disposal of the revision petition are that respondent no.1 earlier filed CC No. 11/2005 against the petitioner before the State Commission Maharasthra. The said complaint was dismissed for non prosecution vide order dated 01.03.2011. The respondent complainant filed application dated 15.04.2011 for restoration of complaint. The said application was, however, unconditionally withdrawn by the counsel for the respondent complainant and it was dismissed vide order dated 24.02.2012. Thereafter, the complainant filed subject claim in the State Commission on same cause of action. The petitioner on being served with the notice filed an application taking preliminary objection to the maintainability of the complaint on the ground that the complainant had earlier filed the complaint on the same cause of action which came to be dismissed on 01.03.2011. Thus, second complaint on the same cause of action is not maintainable.

(3.) STATE Commission after hearing the parties relying upon the judgment of Apex Court in the matter of New India Assurance Company Vs. R.Srinivasan, 2000 AIR(SC) 941 rejected the preliminary objection. The relevant observations of the State Commission are reproduced as under: