Case record taken up today for hearing and settlement of dispute. The complainant as well as the authorized person of the opposite parties is present on call. The authorized person of the O.Ps has filed a copy of order No.2 dt.12.05.2008 of Hon’ble SCDRC, Odisha, Cuttack, passed in F.A No.217 of 2008 which was preferred against the order dt.2.01.2008 passed by the DCDRF, Nawarangpur in C.D.No.63 of 2007, copy of which is duly served to the complainant and the document is taken into record. On the other hand the complainant has filed the copy of common order dt.30.05.2018 passed by the Hon’ble SCDRC, Cuttack in F.A. No.141 of 2008  and F.A No.217 of 2008 obtained by the complainant under RTI Act ,copy duly served to the authorized person of the Ops and the  document  taken into record.  Both the parties submit not to proceed any more in this case.

            On perusal of the common order dt.30.05.2018 passed by the Hon’ble State Commission in F.A. No.141 of 2008 and F.A. No.217 of 2008,it is found that the complainant has approached  before the Learned DCDRF, Nawarangpur vide C.C.No.63 of 2007 on the same cause of action which is raised here again vide C.C.  No.36 of 2021 i.e. for release of accumulated amount of EPF fund in his EPF account No. OR/3022/212 along with other EPF accounts  and the matter has already been adjudicated  in the said  C.C No.63/2007 vide order dt.2.01.2008 and being aggrieved upon the said order the opposite parties preferred the above said two appeal before the Hon’ble State Commission, Cuttack. However, this matter has been actively canceled by the complainant so also the OP has not whispered about the disposal of the said two appeals in their written version.  

             It is found from the common order dt.30.05.2018 passed by the Hon’ble State Commission in F.A. No.141 of 2008 and F.A. No.217 of 2008 that the Opposite Party has filed an affidavit before the Hon’ble State Commission stating therein that the entire balance PF accumulation in respect of the complainant amounting to Rs.3673/- has already been settled on 12.02.2008 and that the grievance of the complaint is no more exists. So also the Ld.Counsel for the respondent/complainant there in has fairly canceled that the EPF dues and pension amount has already been received by the complainant. In such circumstances the Hon’ble State Commission has observed that there is nothing to indicate that any of the action or in action on the part of the appellants/ Ops adversely affect the complainant. So present complaint before  this DCDR Commission, Kalahandi  is nothing but multiplicity of proceedings as the relief short by the complainant is identical to the reliefs claimed in earlier complaint before the DCDRF, Nabarangpur  ,the principle of constructive res judicata is squarely  attract in this case .

However, during the hearing for settlement of dispute in this present case , the Opposite Party has  released the EPF accumulation amount of Rs.79,549/- to the complainant  vide A/c No.11430625502  and that credit of  such amount on 21.04.22 to the account of the complainant is fairly accepted  by the complainant . The complainant also filed the copy of  account statement   of the said account vide A/c No.11430625502    is taken into record.

From the aforesaid circumstances, it is observed that, the complainant as well as the Opposite Parties has deliberately canceled the fact of the case. Neither the complainant nor the Ops are in clean hand. Law is well settled that ’’One who seeks justice must come to the court with clean hand. If a person has not come before Forum with clean hand is not entitled to any relief ’’    In such circumstances, this consumer complaint is dismissed with no order to costs.