CC/45/2023
ORDER No.03
DTD. 29.05.2023
Today is fixed for admission hearing.
Complainant files hajira through Ld. Advocate.
Heard the Ld. Advocate for the complaint in full.
Perused the complaint and xerox copies of the documents so filed by the complainant.
It appears that complainant stated in Para 14 of petition of complaint that previously he had filed one case vide no. CC/99/2022 relating to self same allegation but at the time of admission hearing, this commission rejected the same as complainant could not produce any warranty card.
He subsequently collected warranty details from the internet and filed this case before this Commission.
Perused the case record vide no. CC/99/2022.
We find that this Commission rejected the same with the observation that in absence of any warranty card or guaranty card such type of allegation cannot be entertained.
As per section 36(2) of C.P.Act 2019 District Commission may, by order, admit the complaint for being proceed with or reject the same.
In view of the said provision this Commission rejected the aforesaid complaint.
Ld. Adv. for the complainant argued that as per provision of Civil Procedure Code he has filed this complaint.
But he failed to show any provision under Consumer Protection Act which authorized him to file the complaint for the second time for the self same cause of action.
On perusals of CC/99/2022 we find that no liberty has been given to the complaint to file the complaint second time with self same cause of action.
Consumer Protection Act 2019 or rules and regulations under Protection Act 2019 does not authorize the complainant to file the case afresh after collecting necessary documents.
In view of aforesaid discussion it is clear before us the present case is not maintainable.
Hence,
It is
Ordered
That the present case be and same is dismissed without being admitted.
Member Member President
