INDIAN MACHINERY COMPANY vs M/S. ANSAL HOUSING & CONSTRUCTION LTD.

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 this situation from the provisions of Order 9 Rule 9(1) of the Code of Civil Procedure, 1908, which prohibits a second suit on the same cause of action if the first was dismissed in default. The Court set aside the National Commission's order and remitted the matter for adjudication on merits.