ORDER NO. 1 DT. 22.1.09

HON’BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

Heard the Appellant in person.  It appears that in respect of the said share transaction held in 1995 the self-same complainant filed earlier complaint before the Forum concerned which was dismissed by order dt. 28.11.98.  On the same cause of action the complainant filed the second complaint in the year 2005 which was taken up for consideration at the final hearing stage.  Considering both the facts that cause of action arose in the year 1996 and that earlier complaint had been dismissed deciding the issue finally and as there was no Appeal preferred, the complaint could not be allowed and, therefore, in our opinion, it was rightly dismissed by the Forum below.  We do not find any ground for intereference and the judgement of the Forum below is affirmed.  The Appeal is dismissed.  Though the Appeal should have been dismissed with cost, but as the Appellant is a Consumer we are taking a lenient view and we do not impose any cost.