In Brief
The Supreme Court addressed whether a second complaint under the Consumer Protection Act, 1986 can be filed after a first complaint is dismissed in default. The Court held that a second complaint is maintainable because the Consumer Protection Rules do not contain a bar similar to Order 9 Rule 9(1) of the Civil Procedure Code, which prohibits second suits on the same cause of action. Since the original complaint was dismissed in default rather than on merits, a second complaint with explanation of the prior dismissal is permissible. The Court set aside the National Commission's order and remitted the matter for adjudication on merits.
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