CC.No.109/2022

Dated:18.05.2022

ORDERS ON MAINTAINABILITY OF THE COMPLAINT

Heard the counsel for the complainant.  On perusing the contents of the complaint this complainant had already filed a complaint before the Hon’ble State Commission in Com.No.108/2009 which was dismissed against which, he also preferred Misc. Petition which was also dismissed.  Complainant also filed a writ petition before Hon’ble High Court of Karnataka and the same was dismissed on 05.04.2011. The first appeal was also preferred in Appeal No.191/2011 before the NCDRC against the order of the State Commission which was also dismissed. Again he filed an another writ petition seeking direction to the insurance company to pay the amount, wherein, the Hon’ble High Court directed the complainant to take steps in accordance with the law under the Insurance Act.  When such being the case, on the same facts and cause of action this complaint is filed which is clearly barred by limitation and also barred by constructive res-judicata. Hence, THIS COMPLAINT IS NOT MAINTAINABLE AND SAME IS HEREBY DISMISSED. Office is hereby directed to return the extra sets of the complainant.

MEMBER         MEMBER       PRESIDENT