CM(M) 574/2022

Page 1 of 44

$~ (Appellate)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 7^th July, 2022

Pronounced on: 11^th July, 2022

+

CM(M)

574/2022,

CM

27502/2022

(exemption),

CM

27501/2022 (stay) and CM 29443/2022 (stay)

DLF HOMES RAJAPURA PVT. LTD

..... Petitioner

Through:

Ms. Kanika Agnihotri, Ms.

Sonia Dhamija, Ms. Shweta Priyadarshni,

Ms. Seema Sundd, Mr. Prabhat Ranjan, Mr.

Alabhya Dhamija and Mr. Drouhn Garg,

Advs.

Versus

LATE O.P. MEHTA & ANR.

..... Respondents

Through:

Mr. Chandrachur Bhattacharya,

Mr. Manoj Kumar Dubey and Ms. Divya,

Advs.

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

%

J U D G M E N T

11.07.2022

Factual Backdrop

1.

Consumer Case No. 697/2018 was preferred by O.P. Mehta and

Siddharth Wadia, the respondents herein, against the petitioner DLF

Homes Rajapura Pvt Ltd, before the learned National Consumer

Disputes Redressal Commission (―the learned NCDRC‖) under

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002527

CM(M) 574/2022

Page 2 of 44

Section 12(1)(c)¹ read with Section 13(6)² of the Consumer Protection

Act, 1986 (―the Act‖, hereinafter) read with Order I Rule 8³ of the

Code of Civil Procedure, 1908 (CPC).

2.

Consumer Case No. 697/2018 would be referred to, hereinafter,

as ―the complaint‖.

3.

Consumer Case No. 697/2018 was filed as a ―joint consumer

complaint‖, and was stated to have been ―preferred in a representative

capacity …. for the benefit of entire class of persons having the same

interest‖, before the learned NCDRC. The consumers purportedly

having the same interest, whom the respondents sought to represent,

were investors in the ‗Maiden Heights‘ housing project of the

petitioner at Bangalore. The complaint averred that Clause 9.3(a) of

1 12.

Manner in which complaint shall be made. –

(1)

A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or

any service provided or agreed to be provided may be filed with a District Forum by –

*****

(c)

one or more consumers, where there are numerous consumers having the same interest,

with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so

interested;‖

2 13.

Procedure on admission of complaint. –

*****

(6)

Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-

section (1) of Section 2, the provisions of Rule 8 of Order I of the First Schedule to the Code of

Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference

therein to a suit or decree shall be construed as a reference to a complaint or the order of the District

Forum thereon.

3 The relevant clauses of Order I Rule 8 read thus:

―8.

One person may sue or defend on behalf of all in same interest. –

(1)

Where there are numerous persons having the same interest in one suit,-

(a)

one or more of such persons may, with the permission of the Court,

sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all

persons so interested;

(b)

the Court may direct that one or more of such persons may sue or be

sued, or may defend such suit, on behalf of, or for the benefit of, all persons so

interested.

(2)

The Court shall, in every case where a permission or direction is given under

sub-rule (1), at the plaintiff's expense, give notice of the institution of the suit to all

persons so interested, either by personal service, or, where, by reason of the number of

persons or any other cause, such service is not reasonably practicable, by public

advertisement, as the Court in each case may direct.‖

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002527

CM(M) 574/2022

Page 3 of 44

the Flat Buyers Agreement, executed between the petitioner and each

of the subscribers/investors in the proje