Supreme Court of India
INDIAN MACHINERY COMPANY versus M/S. ANSAL HOUSING & CONSTRUCTION LTD.
- Decided
- 27 January 2016
- Judges listed
- MADAN B. LOKUR, R.K. AGRAWAL
Citations
- Official
- [2016] 3 S.C.R. 489 · 2016 INSC 94
- Not shown
- 1 other citation string that other judgments attach to this one, on evidence too thin or too divided to publish.
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The Court's text
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Leave granted.
p. 490, margin A
We have heard learned counsel for the pa1iies.
p. 490, margin A
The only question that has arisen in this appeal is whether second complaint to the District Forum under the Consumer Protection Act, 1986 is maintainable when the first complaint was dismissed for default or non-prosecution.
p. 490, margin B
The National Commission has taken the view in the impugned order that the second complaint would not be maintainable.
p. 490, margin B
Our attention has been drawn to a decision of this Court New India Assurance Co. Ltd. Vs. R. Srinivasan [(2000) 3 SCC 242] wherein this precise question had arisen as mentioned in paragraph 5 this decision. It is mentioned in that paragraph that the only question that in view of the dismissal of the first complaint filed by the respondent therein, a second complaint on the same facts and cause of action would not lie and it ought to have been dismissed as not maintainable.
p. 490, margin C
While dealing with this issue, this Court held in paragraph as follows: "This Rule [Rule 9(6) of the Tamil Nadu Consumer Protection Rules, 1988] is in identical terms with sub-rule (8) of Rule 4 and sub-rule (8) of Rule 8. Under this subrule, the appeal filed before the State Commission against the order of the District Forum, can be dismissed in default or the State Commission may in its discretion dispose of it on merits. Similar power has been given to the National Commission under Rule 15(6) of the Rules made by the Central Government under Section 30(1) of the Act. These Rules do not provide that ifa complaint is dismissed in default by the District Forum under Rule 4(8) or by the State Commission under Rule 8(8) of the Rules, a second complaint would not lie. Thus, there is no provision parallel to the provision contained in Order 9 Rule 9( 1) CPC which contains a prohibition that ifa suit is dismissed in default of the plaintiff under Order 9 Rule 8, a second suit on the same cause of action would not lie. That being so, the rule of prohibition contained in Order 9 Rule 9( I) CPC cannot be extended to the proceedings before the District Forum or the State Commission. The fact that the case was not decided on merits and was dismissed in default of nonappearance of the complainant cannot be overlooked and, therefore, it would be permissible to file a second complaint explaining why the earlier complaint cou Id not be pursued and was dismissed in default."
pp. 490–491, margin D
We have also not been shown any rule similar to Order IX, Rule 9( I) of the Code of Civil Procedure, 1908. That being so, and in view of the decision rendered by this Court, with which we have no reason to disagree, we are of the opinion that the second complaint filed by the appellant was maintainable on the facts of this case.
p. 491, margin B
Under the circumstances, we set aside the order passed by the National Commission and remit the matter back to the National Commission for adjudicating the disputes on merits.
p. 491, margin C
The appeal is disposed of in view of the above.
p. 491, margin D