DATE OF DISPOSAL: 24.07.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

            The complainant found absent on repeated call today. On perusal of the case record it appears that, the complainant has filed another Consumer Complaint No. 23 of 2023 on 22.02.2023 on same self fact in this Commission through Advocate and both the case records posted today for appearance & written version by the OP. Further it is found that, the complainant filed the present Consumer Complaint No. 33 of 2023 through online portal E-Dakhil on 13.03.2023 after filling of the Consumer Complaint No.:23 of 2023.

The Hon’ble Supreme Court held that, second complaint on the same facts as that of the first complaint shall not be maintainable. The Apex Court said if the core of both the complaint was the same, the second complaint ought not to be maintained. It is decided in Samta Naidu v. State of Madhya Pradesh and Anr., Criminal Appeal Nos.367-368 of 2020 @ SLP(Crl.)Nos.4418-4419 of 2020 by the Hon’ble Supreme Court of India and the date of judgment - 2^nd March 2020.

            Hence considering the above principle of law laid down by the Hon’ble Court, the Consumer Complaint No. 33 of 2023 is here by dismissed.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 24.07.2023