Chander Shekhar Sharma, Member—This appeal is directed against the order of District Forum, Shimla, Himachal Pradesh passed in Consumer Complaint No.113/2002, dated 24.12.2008, whereby the complaint was dismissed by the District Forum below on the ground that the complaint is not legally maintainable and is hit by the doctrine of res-judicata and it deserves dismissal.

2. Facts of the case as they emerge from the complaint file are that in the present case earlier Complaint No. 737/2001 was filed by Smt. Daya Sharma against respondents No.1 and 2 before the District Forum, Mandi. This complaint was dismissed by said Forum vide order 07.03.2002 by concluding that the complaint against the respondent No.2 is dismissed on the ground that the Fora had got no jurisdiction and the complaint against respondents Nos. 1 and 3 was dismissed on merit by holding that since the insurance premium was not paid on the due date or within the grace period, as such, the respondents Nos. 1 and 3 in the aforesaid complaint are not liable to pay the insured amount.

3. Thereafter Smt. Daya Sharma who is now deceased had filed the complaint against respondents No.1 and 2 for deficiency of service on th