DIPAK DE vs SANATAN HAZRA

THIS appeal is directed against order dated 17.3.1998 dismissing the case of the complainant. He has brought this case claiming compensation for short delivery of a number of copies of a Lexicon titled Anchalik O Kathya Bhasa Abhidhan. He has also alleged that the opposite parties have practised fraud upon him in the matter of printing of the said book. According to the complainant, the opposite party did not issue any cash memo embossed with Revenue Stamp and in consequence he had to pay penalty of Rs. 40/- in the Small Causes Court.

THE case was contested by the opposite parties wherein all the allegations were denied and disputed. It appears that the Forum considered all the aspects of the matter and dismissed the case on the ground that the case was barred by principles of constructive res judicata. THE Forum observed that the complainant having not approached it with clean hands is not entitled to get any relief. It is accepted that the complainant had brought the case before a Small Causes Court claiming compensation for a sum of Rs. 2,300/- against the opposite parties for short delivery of the book Titled Anchalik O Kathya Bhasa Abhidhan and that suit was dismissed on contest on 29.5.1997. Subsequently, the present case was filed on 7.7.1997 i.e., within one month and half after dismissal of the case. It is apparent that the Forum elaborately discussed all the points raised by the complainant before it. We have seriously considered the submissions made by the complainant/appellant who appears in person. We find no infirmity or illegality in the impugned order. Therefore, we have no hesitation to dismiss the appeal. The Appeal fails and is dismissed on contest but without cost. Appeal dismissed.