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Judgment
Deepa Sharma, Presiding Member
The present Appeal has been filed against the order dated 05.06.2017 in Complaint No. 93 of 2014 vide which the complaint of the Appellant was dismissed on two grounds, first, that a complaint on the similar facts had been earlier filed by the Appellant before the District Forum and the claim on the same fact had since been decided earlier by District Forum on merit, therefore, the complaint no.93 of 2014 was not maintainable before it. On merit also, the State Commission had dismissed the complaint. This order is impugned before me.
It is argued on behalf of the respondent that complaint on the same facts had been filed by the complainant before the District Forum which had been dismissed and the second appeal filed on the same cause of action and same set of facts cannot be filed and, therefore, State Commission has rightly dismissed the second complaint.
The brief facts of the case as apparent from the record are that complainant had earlier filed a complaint before the District Forum (this fact is clear from the impugned order). The District Forum had dismissed the said complaint on merits. That order was not challenged and not set aside and thus had become a final order of the District Forum. The second complaint on the same facts and circumstances under the law cannot be filed. The State commission has clearly observed that the complaint filed before it was on the same facts and circumstances on which an earlier complaint had been filed by the complainant before the District Forum and it was dismissed on merits. The Appellant has not placed on record copy of the District Forum’s order or the earlier complaint filed before the District Forum, on this file. The findings of the State Commission that earlier complaint was dismissed by District Forum is not disputed before me. As per law, a complaint which has been filed on a cause of action and decided on merit, another complaint on the same set of facts and for similar cause of action cannot be filed before any other Fora. The findings of the State Commission, therefore, on this count cannot be said to be illegal or suffering with any infirmity or illegality.
I found no illegality or infirmity in the impugned order The present Appeal has no merits and same is dismissed.