Home | Legal Advice | Civil Law Cases | Consumer forum case is dismissed in default

Consumer forum case is dismissed in default

Shivendra Pratap Singh

Advocate

03/05/2016/ 2:02:30 PM

Reading Time:

I have filed a case before the consumer forum but due to nonappearance in the hearing, my case is dismissed by the forum. Can I file another case before the consumer forum or file an appeal before the state consumer forum.

Your case is dismissed for default. According to Order 9 Rule 9(1) of the code of civil procedure when the plaintiff is absent at the time of hearing of the case and suit is dismissed in default of the plaintiff, a second suit on the same cause of action would not lie because it is barred by order 9 rule 8 of the code of civil procedure.

Above mentioned provision is not made in the consumer protection rule thus subsequent case on the same cause of action is not barred by the consumer forum rules. Whenever rules of consumer forum are silent on any point of law and further action is necessary for the disposal of the case the consumer forum is bound to take the assistance of the code of civil procedure. In this condition provision made in order 9 rule, 9 and 8 will be applicable in the proceeding before the consumer forum.

In New India Assurance Co. Ltd. Vs R. Srinivasan (2000) 3 SCC  it is held by the supreme court of India that Order 9 Rule 9(1) & Order 9 Rule 8 do not apply in the proceeding before the consumer forum because the case was not decided on the merit and it is dismissed in default on the non-appearance of the party, therefore, it would be permissible to file a second complaint on the same cause of action explaining why the earlier complaint could not be pursued and was dismissed in default.

Therefore you can file the second complaint on the same cause of action and it would be admitted by the forum if it satisfies that you had a valid reason for non-appearance in the previous case which was dismissed in default.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54