Orissa

Ganjam

CC/71/2016

B. Trinath, 48 Years, B.P.L. Holder - Complainant(s)

Versus

The AGM, State Bank of India (Regional Office) - Opp.Party(s)

Dr. N. Kishore Kumar Patnaik and Associates

13 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GANJAM,
BERHAMPUR
 
Complaint Case No. CC/71/2016
 
1. B. Trinath, 48 Years, B.P.L. Holder
S/o. Late B. Appeya, Business at Konisi, Vill. Chandpur, P.O. Sunadei, Via- Konisi, Berhampur, Dist. Ganjam.
...........Complainant(s)
Versus
1. The AGM, State Bank of India (Regional Office)
Small and Medium Enterprises City Credit Centre, At. Brhamanagar, P.O. Berhampur, P.S. B.N.Pur, Dist. Ganjam.
2. The Branch Manager
State Bank of India General Ins. Co. Ltd., At. Sai Complex, Gandhinagar Main Road, P.O. Berhampur, P.S. B.N.Pur, Dist. Ganjam.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MS. Soubhagyalaxmi Pattnaik PRESIDENT
 HON'BLE MR. N. Tuna Sahu MEMBER
 HON'BLE MS. Alaka Mishra MEMBER
 
For the Complainant:Dr. N. Kishore Kumar Patnaik and Associates , Advocate
For the Opp. Party:
Dated : 13 Oct 2016
Final Order / Judgement

DATE OF INSTITUTION:  28.09.2016.

        DATE OF DISPOSAL: 13.10.2016.

 

Miss S.L.Pattnaik, President:

 

            This case is posted today for consideration on the point of admission. Advocate for complainant is present. During the course of admission of the consumer complaint, we perused the complaint petition of the complainant and found that complainant has filed an application at Permanent Lok Adalat, Ganjam at Berhampur bearing Case No. 37/2016. The P.L.A.  had already passed his order on dated 7.6.2016. Once a matter is already decided in permanent Lok Adalat, this Consumer Forum has no power to reopen the matter again. It violates the rule of resjudicata U/S 11of Civil Procedure Code. It hits the neck of former suit. The principle of resjudicata is based on the need of giving finality to judicial decision. Once a resjudicata, it shall not be adjudicated again. A matter whether on a question of fact or question of law having been decided between the two parties in one suit or proceedings then such decision is final.  None of the parties would be allowed to canvass the matter again. The doctrine of resjudicata is a universal doctrine laying down the finality of litigation between the parties. So from the forgoing discussion and from the petition and accompanying documents, we observed that consumer complaint of the complainant is dismissed as not admitted due to devoid of any merit.

            In view of the above, this complaint is not maintainable being barred by the principle of resjudicata and the same is accordingly dismissed.

            The order is pronounced on this day of 13th October 2016 under the signature and seal of this Forum. Copy of the order be supplied to the complainant free of cost.

            This order be sent to server

 
 
[HON'BLE MS. Soubhagyalaxmi Pattnaik]
PRESIDENT
 
[HON'BLE MR. N. Tuna Sahu]
MEMBER
 
[HON'BLE MS. Alaka Mishra]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.