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Judgment
THE complainants before the District Forum, Ongole are the appellants in this appeal. According to the complainants they had made three fixed deposits with the opposite party. As the amounts were not paid after maturity, they filed the complaint to direct the opposite party to pay full amount due under the three F.D. receipts with interest at 18% p.a. from 1-12-1983 till the date of payment. In page 3 of the complaint even before the complaint was numbered, the District Forum passed the docket order dated 3-11-1990 as ''rejected''. Questioning the aforesaid order this appeal is filed by the complainants.
IT is submitted by Mr. P. Sri Raghuram, the learned Counsel for the appellants, that the District Forum cannot reject the complaint without going into the merits of the case. But we find from para 3 of the complaint itself that the opposite party filed a suit against the complainants and two others in Madras on the file of the City Civil Court. The suit was numbered as O.S. No. 3128/89 and it is for declaration that the cheques issued to the complainants are void and inoperative in law as the same were obtained by fraud and under threat of arrest and for cancellation of those cheques and other reliefs. No doubt it was stated in the complaint that the suit was filed mischievously and the allegations of fraud and under influence were baseless. But, the question whether the allegations in the suit are correct and whether the cheques issued were obtained by fraud and undue influence is a matter to be decided in the suit pending in the City Civil Court, Madras. The relief claimed in this complaint is the subject matter of the above suit. IT has been held in a number of cases by National Consumer Redressal Commission that if the suit is pending in respect of a claim the consumer forum cannot entertain complaint in respect of the same matter. Hence we are of the view that the complaint is not maintainable even though no reasons are mentioned by the District Forum. For the reasons mentioned above, we are satisfied that the complaint is not maintainable in the District Forum and the District Forum has rightly rejected the same.
In the result, the appeal is accordingly dismissed. No costs. Appeal dismissed. ________________