SURAJIT MAZUMDAR Vs. BRANCH MANAGER KOTAK MAHINDRA

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 12.6.2006 of Consumer Disputes Redressal Commission West Bengal, Kolkata dismissing appeal against the order dated 12.1.2005 of a District Forum whereby complaint was dismissed as being barred by principle of res judicata constructive res judicata.

(2.) PETITIONER filed complaint case No. 99/04 on 23.3.04 seeking certain reliefs against the respondent which was dismissed by the order dated 12.4.04 by the District Forum as barred by limitation. On same cause of action the petitioner filed another complaint case No. 195/04 on 9.6.04 which was dismissed by the District Forum by order dated 12.1.05 being hit by the principle of res judicata and/or constructive res judicata. Appeal against this order of the District Forum was dismissed by the order under challenge by the State Commission.

(3.) SHORT submission advanced by Shri S. K. Ghosh for petitioner is that principle of res judicata/constructive res judicata has no applicability to the facts of present case and complaint case No. 195/04, thus, could not have been dismissed by applying that principle. It is pointed out that alongwith complaint case No. 195/04, an application seeking condonation of delay in question in filing complaint was filed which was allowed by the District Forum and in view of delay having been condoned the complaint also ought not to have been dismissed. Undisputedly, petitioner did not prefer any appeal against the aforesaid order dated 12.4.04 and both the complaints are based on same cause of action. District Forums order dated 12.4.04 thus, having attained finality the petitioner was debarred from filing complaint case No. 195/04. Delay in filing this complaint could not have been legally condoned by the District Forum. We do not find any merit in this revision. Revision is, therefore, dismissed. Revision dismissed.