Record is put up before us for necessary order.
Hearing arose regarding admission of this case.
Perused the petition of complaint and other relevant papers filed for the complainants. On perusal of the same it is found that previously the complainants’ and one Chandi Charan Dutta jointly filed a case bearing No. 29/2010 before the District Consumer Disputes Redressal Forum, Burdwan against the O.Ps praying for the following reliefs;
- To pay maturity amount of all the investments mentioned in the scheduled below and matured in the meantime to the respective complaints together with interest payable under the corresponding scheme at the time of deposit in that scheme till payment.
- To allow the complainants to operate / withdraw from their respective SB A/c as mentioned in the scheduled below.
- To allow the complainants to withdraw the monthly incomes from the investments made in the monthly income scheme as described in the scheduled below from due date and also bonus in the matured a/cs.
- To allow the respective complaints to withdraw the maturity amount or the pre-matured withdrawals if applied for in respect of other terms deposits / investments as described in the scheduled below.”
After completion of hearing of the said case Ld. Dist. Forum, Burdwan delivered judgement on 06.03.2013 in favour of the complainants and passed the following order.
- “O.P will pay to the complainants of the maturity amount of all investments due to the complainants’ No. 1 to 5 along with rate of interest permissible prevailing in the department.
- To allow the complainants to operate / withdraw from the respective SB A/c.
- To allow the complainants to withdraw the monthly income from the investment made in the monthly income scheme along with bonus.
- To allow the respective complainants to withdraw the maturity amounts or pre-mature withdrawal if applied of any account.
- To direct the O.Ps to pay Rs. 10,000 as compensation.
- Litigation cost of Rs. 5,000
- The above directions will be complied within 45(forty five) days from this date of order.
But here the case of the complainants is that as per order passed Ld. Dist. Forum, Burdwan in D.F. Case No. 29/2010 the O.P paid the maturity amount to the complainants but the post-maturity interest paid @ SB rate of interest in lieu of rate of interest Rs. 8% i.e. rate of interest of Fixed Deposit. As such the complainants’ have filed the instant case demanding the above rate of interest of Fixed Deposit.
Now, we have to consider whether the instant case is entertainable and admissible. On careful perusal of the materials on record and the xerox copy of the Judgement dated 06.03.2013 passed by the Ld. Dist. Consumer Disputes Redressal Forum, Burdwan in D.F. Case No 29/2010 filed by the complainants, it is clear before us that the complainants and one Chandi Charan Dutta jointly filed the D.F case No. 29/2010 before the Dist. Con. Disputes Redressal Forum, Burdwan on 26/02/2010 against the present O.Ps of this case on the self-same matter and on the self-same cause of action and Ld. Dist. Forum, Burdwan delivered Judgement in D.F Case No. 29/2010 on 06.03.2013 in favour of the complainants. By said Judgement Ld. Dist. Forum, Burdwan directed the O.Ps to pay to the complainants of the maturity amount of all investments due to the complainants along with rate of interest permissible prevailing in the Department. The O.Ps have already complied with the said order of Ld. Dist. Forum, Burdwan by making payments of the maturity amounts of all investments with post maturity interest SB rate of interest. The complainants have also received the same. The complainants has again filed the instant case alleging that the complainants are entitled to get post maturity interest Rs. 8% i.e. the rate of interest of Fixed Deposit. It appears that Ld. Dist. Forum, Burdwan directed the O.Ps to pay rate of interest permissible prevailing in the Department. Therefore, if the complainants are aggrieved to the effect that the O.Ps have not complied with the order passed by Ld. Dist. Forum, Burdwan in D.F. Case No. 29/2010 then the complainants have the opportunity to agitate the matter before Ld. Dist. Forum, Burdwan by filing an execution case. The complainants cannot file a fresh case over the self same matter and self-same cause of action which was properly adjudicated by Ld. Dist. Forum, Burdwan in D.F. Case No. 29/2010. The instant case of the complainants is hit by the principles of resjudicata.
The principle of resjudicata is based on the need of giving finality to judicial decisions when a matter whether on a question of fact or a question of law has been decided between two parties in one case or proceeding and the decision is final because no appeal was taken to a higher court or forum, neither party will be allowed in a future case or proceeding between the same parties to canvas the matter again.
Having considered the facts and circumstances of the case and present position of law we are constrained to hold and say that the instant case cannot be entertained as it is not maintainable in the eye of law. Therefore, the instant case of the complainants cannot be admitted and it is liable to be dismissed.
Hence,
Ordered
that the instant case No. 81/2015 be and the same is dismissed as it is not maintainable or entertainable in the eye of law.
The copy of this order be handed over to the complainants free of cost.
