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.