PRESENT

   SMT. ASHA SHETTY           :  HON’BLE  PRESIDENT

                     SMT.LAVANYA M. RAI       :   MEMBER

Dated:22.08.2014

The O.P. filed memo along with certificate copy  of the order sheet in CC.No.832013 and stating that, the complainant earlier filed complaint NO.832013 before this Forum on the same set of facts and allegations and the same was dismissed on 26.6.2014 by this Forum. 

Now the complainant filed above complaint before this FORA on the same set of facts and allegations is not maintainable. Hence prays for dismissal. On the other hand the complainant filed citation which clearly reveals in 2000 (1) SCR 1228, the Hon’ble Supreme Court of India, which reads thus  In the absence of the complainant, therefore, the court will be well within its jurisdiction to dismiss the complaint for non-prosecution.  So also, it would have the inherent power and jurisdiction to restore the complaint on good cause being shown for the non appearance of the complainant.

In that citation also stating that if the complaint is dismissed also restore the complaint on good cause.  Hence we passing the following order.

Heard, perused the entire records wherein we find that once it is dismissed for default without filing restoration application complainant filed new complaint for the same facts of the case is not maintainable under law.  Hence the memo filed by the O.P. is allowed and the present complaint is dismissed.

PRESIDENT                                  MEMBER