Date: 18-08-2016

This is a complaint made by one Dhriti Ranjan Sil against Samir Nath of NIMTT, praying for a direction upon the OP for refund of Rs. 12,590/- and also to pay compensation to the tune of Rs. 90,000/-.

Facts, in brief, are that Complainant paid a sum of Rs. 90,000/- to the OP, who promised him to arrange for his admission in a Ph.D. course under the CMJ University.  However, subsequently the Complainant came to know that the said university was shut down by the UGC.  So, the Complainant expressed his desire to get refund of the deposited money before the OP.  It is alleged that a sum of Rs. 12,590/- is yet to be refunded.  So, the Complainant filed this case.

OP filed written version denying all the material allegations of the complaint and stated that Complainant has not approached this Forum with clean hands.  It is stated that Complainant made a separate case before CDRF, Kolkata Unit I on the self same matter, but as he did not take any step, the case was dismissed for default.  The OP prayed for dismissal of this case for suppression of material facts.

Decision with reasons

Complainant filed Affidavit-in-Chief, wherein he has reiterated the facts as stated in the complaint petition.  Thereafter, OP filed questionnaire and Complainant submitted his reply to such questionnaire under affidavit.  Thereafter, the case was fixed for argument.

Main point for determination is whether the Complainant is entitled to get back the residual amount of Rs. 12,590/- and another sum of Rs. 90,000/- as compensation.

It appears from the copy of order sheet dated 31-12-2015 of CDRF, Kolkata Unit I in CC/470/2015 that the instant complaint was dismissed for default.  Further, on perusal of the copy of said petition of complaint filed by the OP it appears that facts mentioned in that complaint and the present complaint are identical in nature. 

It is the settled position of law that a separate case cannot be filed on a self same matter before another Court of Law of same stature as the same is hit by the principles of Res judicata.    While the petition of the Complainant got dismissed by CDRF, Kolkata Unit I, the only remedy left before the Complainant was to move a revision petition before the higher Forum, i.e., Hon’ble State Commission, W.B. Insofar as the Complainant has not chosen such path, the impugned order has attained finality and this Forum has got no authority to adjudicate the dispute afresh. 

Accordingly, we are of the view that the complaint filed by Dhriti Ranjan Sil, Complainant is not maintainable in its present form and prayer and as such, the same stands dismissed and consequently, the Complainant is not entitled to any relief.

Hence,

O R D E R E D

that CC/100/2016 be and the same is dismissed on contest against the OP.  No order as to costs.