i have a site is running since 2003 and i found a website has the same content of my website even he didn't change the desgn what should i do to whom i should contact i'm afraid maybe google will think i duplicate content in another website to boost my traffic and do u think google will penalize that site which duplicate my content
DMCA.com will help you with that with no problem. Your site was indexed first so you shouldn't worry about duplicate copies as long you take down the copycat asap. If you can see your ranking hasn't changed leave it as is and don't let Google know about it as this might backfire your sites ranking.
from google point of view, since your site indexed faster, so that site will got penalized. so you do not need to be worry about it.
I don't think you'll be penalize for that since your the original, Google would know that because your site got index first. Also you can change your content for the better performance.
Complain immediately to the Google Webmaster Forum. Another thing is that Google Panda will find out the duplicate content & will penalize the site, but it will take time.