Consumer forum case is dismissed in default

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.

by Shivendra Pratap Singh | May 3, 2016 | Civil Matters

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.

Author's Profile

Tags: Consumer Cases

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.