K.SAMPATH, J. - (1.) The complainant in COP No.404/2003 on the file of the District Consumer Disputes Redressal Forum, Chennai (North) is the appellant herein. Their case was as follows: - The complainant joined in five chits conducted by the opposite parties and paid Rs.1,11,000/- and when they demanded the amount the opposite parties failed to pay the same necessitating the filing of the complaint.
(2.) The defence set up was as follows: - The person Mr.Varadharaja-swamy who claimed to be the Manager of the complainant company had no authority to file the complaint. He was a surety of the prized chits towards payment of future instalments. The complainant had received the money under both the prized and non-prized chits and no amount was due to the complainant. The amount claimed in respect of the non-prized chits were adjusted towards payment of future instalments of prized chits and hence no amount was payable. Apart from the above, the question of payment in respect prized chits and non-prized chits were decided in the Arbitration proceedings initiated and in the said proceedings the complainant raised the very same point raised in this complaint. Those points were rejected by the Arbitrator and an award came to be passed against the complainant for the recovery of the amount due to the opposite parties. The issues now raised having already been decided between the same parties before the Forum constituted under the Chit Funds Act, the same issue could not be raised once again. The earlier decision would operate as res judicata.
(3.) Before the District Forum, on the side of the complainant Exs.A-1 to A7 were marked while on the side of the opposite parties Exs.B-1 to B10 were marked.;