My Lord, First Complaint when Dismissed for Default or Non-Prosecution, Second Complaint to a District Forum under The Consumer Protection Act, 1986 is Maintainable?
Yes. New India Assurance, (2000) 3 SCC 242.
“The rule of prohibition contained in Order 9 Rule 9(1) 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 non-appearance of the complainant cannot 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.”
– Hon’ble Justice Madan B. Lokur and Hon’ble Justice R.K. Agrawal, Indian Machinery Company v. M/s. Ansal Housing & Construction Ltd., [Civil Appeal No.557 of 2016].