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C. HARI SHANKAR
Puri Construction Pvt. Ltd. – Appellant
Versus
Shailesh Gupta – Respondent
1. Consumer Complaint 335/2017 was instituted by the respondent Shailesh Gupta and 47 other complainants against the petitioner Puri Construction Pvt. Ltd. before the learned National Consumer Disputes Redressal Commission ("the learned NCDRC") under Section 12(1)(c)1 read with Section 212 of the Consumer Protection Act, 1986 ("the Act") and Order I Rule 83 of the First Schedule to the Code of Civil Procedure, 1908 ("the CPC"), as a representative class action complaint. It was clearly stated, in the complaint, that it was being filed for resolution and redressal of the grievances of the 48 named complainants "and also to address the common grievance of all the consumers who are affected by the price discrimination by the opposite party in the `Aanand Vilas' project".
2. The complaint averred that, relying on advertisements issued by the petitioner, the complainants booked apartments in the `Aanand Vilas' project by making an initial payment of Rs.7.5 lakhs for 3 BHK and Rs.10 lakhs for 4 BHK apartments. It was alleged, in the complaint, that (i) the application form provided to the complainants and other investors in the petitioner's project did not contain re
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' ....
Class action complaints under the Consumer Protection Act require demonstrable 'sameness of interest' among plaintiffs, which must be evident in the pleadings; mere common objectives are insufficient....
(1) A joint complaint stands in contrast to a complaint filed in a representative capacity. Sameness of cause of action is not equal to sameness of interest.(2) “Sameness of interest” is pre-requisit....
Consumer complaints instituted under the repealed Consumer Protection Act, 1986 continue before the corresponding forums and are not affected by the enactment of the Consumer Protection Act, 2019.
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....
Article 227 operates within a narrower compass than appellate jurisdiction. Where, therefore, scope of interference with discretionary orders is limited even in exercise of appellate jurisdiction, sc....
The right to appeal is a vested right which cannot be taken away, absent a statutory enactment to the effect.
A consumer complaint abates upon the death of a complainant if legal heirs are not substituted within the stipulated time; sufficient cause must be shown for condoning delays in such substitution app....
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