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january 2016

Supreme Court of India · 2016-01-27

Indian Machinery Company vs M/S. Ansal Housing & Construction Ltd

Citation / case number
AIR 2016 SUPREME COURT 2209
Court
Supreme Court of India
Petitioner
Indian Machinery Company
Respondent
M/S. Ansal Housing & Construction Ltd
Bench
R.K. Agrawal, Madan B. Lokur

Judgment text excerpt

The Supreme Court held that a second complaint under the Consumer Protection Act, 1986 is maintainable even if the first complaint was dismissed for default or non-prosecution. The Court distinguished the provisions of the Consumer Protection Rules from Order 9 Rule 9(1) of the CPC, emphasizing that the dismissal of the first complaint did not preclude the filing of a second complaint on the same cause of action. The Court set aside the National Commission's order and remitted the matter for adjudication on merits.

Indian Machinery Company vs M/S. Ansal Housing & Construction Ltd · Niyam