Today is fixed for order on the issue as to maintainability of the case.
We have heard the Ld. Advocates on both sides and given consideration to the material available on record.
The complainant has filed this case for direction to the OPs (a) for installation of electric meters in four flats, (b) for adjustment of the amount advanced for maintenance charges in respect to the three of the aforesaid four flats and (c) for compensation and litigation cost.
But it is pointed out by the Ld. Advocate of the OP that similar case was filed by him against the OPs for the self-same reliefs before Unit-II, DCDRC, Kolkata and the said case being no. CC/413/2015 was also allowed on 10.12.2016 directing the complainant for making deposit of Rs. 27,864/- and for making payment of compensation of Rs. 10,000/- etc. Against the judgment passed in CC/413/2015 an appeal was preferred before the Hon’ble State Commission and the said appeal being no. A/201/2016 was also allowed on 22.03.2017 dismissing the order passed in CC/413/2015. Since the judgment passed in A/201/2016 was not challenged it attained finality.
By filing the instant case the complainant has also sought for installation of electric meter in four flats and also for compensation and other reliefs. That means for the self-same reliefs this case has been filed. From the copies of the aforesaid judgments it is also found that parties are also same. The case is therefore hit by the principle of res judicata. It is cardinal principle of common law that none should be vexed twice with the same cause and the present case is wholly inconsistent with such established principle of law. This Commission should not proceed with such a case because of the principle of res judicata. Therefore, the case is not at all maintainable in law.
Hence it is ordered that the case be and the same is dismissed and it is not maintainable; but there will be no order as to cost.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
