PER MR.H.K.BHAISE, HON’BLE MEMBER

None present for the complainant and the O.P.No.2. Mr.Nishant Rana-Advocate for the O.P.No.1 is present.

The complainant is not remaining present before this Forum since last many dates.  His advocate has withdrawn his Vakalatnama by filing application before this Forum.  In the application, the learned advocate for the complainant has stated that in spite of several requests and notice, the complainant is not attending him and is not ready to file his affidavit of evidence before this Forum.  The learned advocate for O.P.No.1 has submitted that the complaint was already filed by the present complainant before the Hon’ble State Commission bearing Consumer Complaint No.CC/13/367 and the same was dismissed vide order dated 4^th April, 2014.  The said order was not challenged by the complainant.  Instead of challenging the said order, the complainant has filed this complaint before this Forum on the same ground and for the same relief.  Moreover, in para 17 of the complaint, the complainant has specifically stated that the amount involved in this complaint is more than Rs.20 Lakhs.  Considering this statement of the complainant in his complaint, this Forum can not entertain this complaint.  The complainant is not attending the Forum.  He failed to file his affidavit of evidence in support of his complaint.  Moreover, considering the above reasons, the complaint is not maintainable.  Considering all these aspects, the complaint stands dismissed with cost.  The complainant shall pay cost of this litigation Rs.5,000/- to each of the opponent. Inform the parties accordingly.

Dictated & Pronounced on 22^nd April, ,2016