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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Citicorp Finance (India) Limited – Appellant
Versus
Snehasis Nanda – Respondent
JUDGMENT :
(Ahsanuddin Amanullah, J.)
The present appeal impugns the Final Judgment and Order dated 19.01.2023 [2023 SCC OnLine NCDRC 19] in Consumer Complaint No.919 of 2018 (hereinafter referred to as the ‘Impugned Order’) passed by the learned National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the ‘NCDRC’), whereby the complaint filed by the respondent was allowed and the appellant was directed to refund Rs.13,20,000/- (Rupees Thirteen Lakhs Twenty Thousand) with interest @ 12% per annum and pay Rs.1,00,000/- (Rupees One Lakh) as litigation cost.
FACTUAL BACKGROUND:
2. The respondent-complainant purchased Flat No.701, B-Wing, 7th Floor, Riddhi Siddhi Heritage, Plot Nos.56 & 57, Sector-19, Airoli, Navi Mumbai (hereinafter referred to as the ‘flat’) on 30.05.2006. The respondent had availed a housing loan of Rs.17,64,644/- (Rupees Seventeen Lakhs Sixty-Four Thousand Six Hundred Forty-Four) from ICICI Bank, Malad, East Mumbai Branch. In February 2008, one Mr. Mubarak Vahid Patel (hereinafter referred to as the ‘borrower’) approached the respondent to purchase the flat for a consideration of Rs.32,00,000/- (Rupees Thirty-Two Lakhs). On 09.02.2008, th
A consumer must have privity of contract to claim rights under the Consumer Protection Act, which was absent in this case.
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Joint Complaint – Need for application of Order I Rule 8 of CPC would be required only in a case involving a complaint under Section 12(1)(c) of 1986 Act – It does not have any application when simil....
The main legal point established in the judgment is that a class action complaint under Section 12(1)(c) of the Consumer Protection Act requires specific averments to indicate 'sameness of interest' ....
Consumer Protection Forums operate as judicial authorities, thus arbitration agreements do not automatically impede their jurisdiction.
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