JEEWAN MITTAL vs HOFFLAND AGRO

THE present appeal, filed by the appellant Shri Jeewan Mittal is directed against order dated 14.2.2002, passed by District Forum-VII, Sheikh Sarai, Phase-II, New Delhi in Complaint Case No. 710/2001 entitled - Shri Jeewan Mittal v. M/s. Hoffland Agro.

THE facts, relevant for the disposal of the present appeal lie in a narrow compass. THE appellant, Shri Jeewan Mittal, had filed a complaint before the District Forum under Section 12 of the Act. THE above said complaint, filed by the appellant, has been disposed of by the District Forum vide order dated 14.2.2002 which reads as under : "None for complainant. Sh. B.B. Sharma brought in custody for respondent. He has brought to our notice that an identical case was filed by the complainant before the Forum at Janakpuri and the matter has been decided there. THE file has been transferred by Janakpuri Forum to this Forum and is fixed for consideration today. THE present case is a misuse of the process of the Forum. THE complaint is, therefore, dismissed with cost. Costs are assessed at Rs. 200/-. THE file be consigned and copy of order be sent to the complainant."

On a perusal of the above order, it is apparent that the complaint filed by the appellant, Shri Jeewan Mittal, has been dismissed with costs by the District Forum on the ground that on the same cause of action, the appellant earlier had filed a complaint before District Forum, Janakpuri which already stood decided by that District Forum. In the presence of the above facts, it has been held by the District Forum that the act of the appellant in filing a second complaint on the same cause of action is nothing but an abuse of the process of the Forum. On the above ground the complaint filed by the appellant before the District Forum has been directed to be dismissed with costs.

We have heard the appellant at length and have also carefully gone through the documents/material on record, with a view to satisfy ourselves, we have put a specific query to the appellant on the point as to whether on the same cause of action the appellant earlier had filed a complaint before District Forum, Janakpuri, which stood decided by the District Forum, Janakpuri prior to the complaint being filed by the appellant in the District Forum, Sheikh Sarai. The appellant admitted the correctness of the above fact stating that the second complaint before the District Forum was filed by him due to ignorance on his part. In the presence of the above facts, the correctness of which is not disputed even by the appellant at the Bar before us, the present appeal, filed by the appellant is devoid of merit. The same deserves to be dismissed. However, in view of the fact that the appellant is a poor person and the act of filing the second complaint on the same cause of action was an act of ignorance on his part, we are not imposing any cost in respect of the present proceedings on the appellant and dismissing the present appeal without any costs.

THE present appeal, filed by the appellant, stands disposed of in above terms. A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal dismissed.