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2019 Supreme(Online)(Del) 5648

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
A, B, JJ
Subhasis Das v. Central Government Employees Welfare Housing Organisation


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

1. Aggrieved by a common order dated 19.12.2017, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short the State Commission) in Interlocutory / Miscellaneous Applications in / and Complaint Case Nos. 45-52, 54 of 2017 and 328-332, 440-444 of 2016, the Complainants have preferred these Appeals under S.19 of the Consumer Protection Act , 1986 (for short the Act). By the impugned order, the State Commission has dismissed the Complaints, 19 in number, observing as follows:

The materials on record indicate that the complainants have not filed any application for leave of the Commission to file the complaint in a representative capacity in accordance with the provisions of 13(6) of the Act. It should be noted here that the out of 690 flat owners, only 20 flat owners have lodged the complaint by themselves.

Under the garb of S.12(1)(c) or S.13(c) of the Act which are primarily meant for common services, e.g. deficiency in maintaining common areas or common facilities, complaint regarding goods are not maintainable before this Commission particularly, when the flats were booked for different amount on different dates under different terms and condition



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