Supreme Court · 2016 INSC 94 · Decided 27 January 2016
Indian Machinery Company v. M/S. Ansal Housing & Construction LTD.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 94 · [2016] 3 S.C.R. 489
- Case number
- CIVIL APPEAL No. 557/2016
- Decided
- 27 January 2016
- Bench
- MADAN B. LOKUR, R.K. AGRAWAL (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC; Consumer Protection Act
Headnote
Consumer Protection Act, 1986: Whether second complaint to the District Forum under the Act is maintainable when the first complaint was dismissed for default or non-prosecution - it was held in R. Srinivasan case that the case not decided on merits and dismissed in default of non appearance of be overlooked and therefore it would be permissible to file a second complaint explaining why the earlier complaint could not be pursued and was dismissed in default - There is no rule similar to Order IX r.9(1) - In view of decision rendered in R. Srinivasan case, second complaint filed by
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