Competition commission of india

My complaint against a builder in CCI was decided against me 4: 1. I did not file appeal against the order in Compat.

A lawyer has now suggested that I may file another complaint against the same builder in CCI only as my earlier complaint was

1)       Not been drafted the way it should have been drafted to make an impact.

2)       Your complaint has just cited your plight as a consumer without any reference to any competition issue involved in to it.

I wrote back to him saying:

Granted that all you are saying is correct, could we file the same matter again and is this lawful to do so? To the best of my knowledge, remedy lies in appeal before Compat.

Also the danger of CCI penalizing me for wasting their time on a matter already decided looms in one corner of my mind. And surely its penalties are huge and very scary.

Under which statue do you plan to re- raise the same matter again - granted on different perimeters? Does not the CPC apply to CCI

His reply:

Yes, we can file the same matter again and the plea is that the case has not been decided on merit.  It was just closed because we didn't provide sufficient material to prove that the builder is a dominant player.   Please appreciate that the appeal would lie before COMPAT only if we had sufficient material to prove dominance of the builder.

This time, I plan to file the case differently with a different perspective.    I have sufficient grounds to nail the builder. 

CCI has limited powers of a Civil Court and that too for the purposes defined under Section 36(2)(a) to (e).   Your attention is further drawn to Section 27(b) where CCI has powers to impose penalty when contravention under section 3 or 4 is proved and to Sec. 31(10) where CCI has powers to impose penalty in case of contravention of Section 6 and to Sec. 43 where CCI has powers to levy penalty on a person who fails to comply with the directions of  the CCI under sub-sections (2) and (4) of section 36; or  the directions of the Director General while exercising powers referred to in sub-section (2) of section 41.

There is no provision in law for levying penalty for re-filing of a case which has been closed by CCI and has not been adjudicated upon on merit.

Please rest assured, there will not be any penalty.  I have already adopted this course of action in a case and the same is under investigation by DG.

PLEASE ADVISE WHAT SHOULD I DO ?