IMPORTANT POINT
Consumer complaint filed by a Group Housing Society which was formed by various flat purchasers in regard to a common grievance against builder was maintainable.

B.B. Vagyani, President—This appeal filed by original O.P. No. 4 in consumer complaint no. 339/01 is directed against the order dated 14/9/06 passed by District Consumer Forum, Pune.

1. Forum below granted reliefs in favour of the complainant, who is respondent No. 1 in this appeal. Original O.P. No. 4 who is the owner of the plot has taken exception to this order and has come up in appeal.

2. We heard Mr. Rahul Gandhi-Advocate for the appellant. Mr. V.A. Abhyankar Advocate for respondent No.1, which is Co-operative Housing Society. Proof service taken on record. None for respondent Nos. 2, 3 & 4. Present appellant who is owner of immovable property wanted to develop the property with assistance Respondent Nos. 2, 3 and 4. They all formed partnership firm. Registered partnership deed was executed on 26/11/87. This firm was to develop the property and to construct the flats and shops. Firm offered the flats and shops for sale. Number of persons purchased residential flats. Original complaint is filed in the name of Sadguru Park Co-op. Housing Society, which is registered under Maharashtra Co-op. Societies Act 1960. Housing society filed complaint through its chairman Mr. Ashok Namdeo Padwal, who is one of the flat purchasers. Number of deficiencies were pointed out in the complaint. Co-op. Housing society also claimed relief in respect of execution of conveyance deed.

3. Original O.P. nos. 1-3 remained absent. They did not file written statement. However, O.P. no. 4, who is appellant before us filed written statement and contested the complaint filed by Co-op. Housing Society. O.P. no. 4 mainly raised following defence.

1. Complaint is not a consumer.

2. There is no privity of contract.

3. O.P. no. 4 is not liable being a sleeping partner of the firm.

4. Complaint is barred by limitation.

5. Co-operative Housing society has no locus standi to file complaint.

6. Consumer forum has no jurisdiction to entertain and decide the complaint.

4. Forum below partly allowed the complaint and granted following reliefs:—“Complaint is partly allowed and the opposite parties nos. 1 to 4 are jointly and severally directed to perform the following acts:

a. The Opposite Parties shall complete the construction as per sanctioned plan and obtain completion certificate from the Pune Municipal Corporation.

b. The Opposite Parties shall execute the Deed of Conveyance in favour of Complainant Society as per agreement.

c. The Opposite Parties shall provide facilities specified in the agreement in respect of Parking place, overhead tank and the lift.

d. The Opposite Parties shall pay Rs. 5000/- to the complainant and bear their own cost.

e. The Opposite Parties shall complete the work as stated above and execute Conveyance Deed within a period of two months from the date of this order.

f. Rest of the claims stands rejected.”

5. All the flat purchasers have come together and formed Co-operative Housing society, which is registered under Co-operative Societies Act 1960. Co-operative Housing Society can very well file the complaint against the builder or promoter. Ld. Advocate Mr. Rahul Gandhi brings to our notice section 12(1)(e) or Consumer Protection Act, 1986 and submitted that the permission of the District Consumer Forum was not sought when the consumer complaint was filed by the Co-op. Housing Society. Complainant specifically stated in para 1 of the complaint that the Housing Society is registered under Maharashtra Co-op. Societies Act 1960 and is having about 35 members who are holders/occupiers of the flats/units allotted to them. It is further averred in para 1 of the complaint that all the unit purchasers are having same interest in the relief claimed herein and therefore they crave leave of Hon’ble Forum to file the complaint in representative capacity through the Co-operative Housing society.

6. Complainant is defined under Section(2) of Consumer Protection Act, 1986. Section 2(1)(b) defines complainant “Complainant” means