MR. SHYAMAL KUMAR GHOSH, MEMBER

The instant CC case  has been filed by the complainants against the OPs before this Commission  praying for certain reliefs as prayed for.

We have heard the complainants in person on the point of admission at length and in full.

We have considered the submission of  the complainants in person.

We have meticulously perused all materials available on the record.

Having heard complainants in person  and upon careful perusal of the order being no. 5  dated 08.04.2019, it appears to us  that an online complaint was received as per section 31 of the W.B HIRA Act , 2017  vide complaint no. COM-00031 dated 06.01.2019 and upon hearing  the Hon’ble Tribunal has been pleased to pass   the order which is reproduced as follows:

“ The Respondent is also directed to provide  all the amenities and facilities as per the brochure shown to the complaint and the agreement  for sale executed between the complainant and the Respondent.  The Respondent  is directed to provide  the said amenities and facilities within a period of one month from the date of this order and submit a compliance report to this authority within  next 15 days.  However,  both parties shall abide by  the final judgement of the Hon’ble High Court, Calcutta,  in respect of the writ petition being no. WPNo. 5092(W) of 2019.”

We have carefully perused the order dated 19.08.2021 wherefrom it appears to us that in WPA being No. 11299 of 2019  with WPA  being No. 5092 of 2019 , Hon’ble High Court , Calcutta has been pleased to hold that both the writ petitions become infractuous and dismissed as such.  In so far as the orders of the WB HIRA that have been put into execution by the Respondent Nos.  5 & 6, this Court has not gone into the same.  The propriety of such execution, is left open to be decided  by the appropriate Forum before whom execution is sought. 

In view of the aforesaid observations and decisions of Hon’ble High Court, Calcutta and Tribunal(W.B. HIRA), it would be better at the behest of the complainants  to execute  the final order dated 08.04.2019  before the appropriate executing Court.  When the disputes between the parties, regarding the self same cause of action have already been settled and disposed of  by the Hon’ble Tribunal (W.B. HIRA),  the same cannot be decided in another Forum/Court  as simply there is clear bar on the ground of  principles of resjudicata. Actually, the Principal  of resjudicata is based upon the need of giving a finality to Judicial decisions. It means  once the matter has been decided, it shall not be adjudged again.

In pursuant to the above observations, it is our view that the complainants  cannot  sail two boats into the ocean at the same time. When the complainants at first choose the Forum of W.B. HIRA,    they cannot change the option at present by choosing  to approach before the State Commission. Moreover, if we entertain  the aforesaid consumer case  at present  there may be a chance of multiplicity of proceedings causing disturbance of  judicial views and observations.

Keeping in view of the above observation, we are constrained  to dismiss the instant consumer case  at the admission stage with any order as to cost.

The CC case is, thus,  dismissed without being admitted.

Accordingly, the consumer case stands disposed of.

Note in the register.