Consumer forum case is dismissed in default


I have filed a case before the consumer forum but due to non appearance 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. 

Question from - Civil Law | Consumer Protection

Your case is dismissed for default. According to Order 9 Rule 9(1) of the code of civil procedure when 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 is silent on any point of law and further action is necessary for the disposal of the case the consumer forum is bound to take 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 applicable 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 second complaint on the same cause of action and it would be admitted by the forum if it satisfies that you had valid reason for non appearance in the previous case which was dismissed in default.

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