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2020 Supreme(SC) 159

MOHAN M.SHANTANAGOUDAR, R.SUBHASH REDDY
Sobha Hibiscus Condominium – Appellant
Versus
Managing Director, M/s. Sobha Developers Ltd. – Respondent


Advocates Appeared:
For the Appellant :Ashwani Kumar, Rajesh Mahale, Daya Krishan Sharma, Advocates
For the Respondent:Anoop Kr. Srivastav, R.N. Pareek, Shiv Kumar G., Vijay Pal Sharma, P.K. Sinha, Basava Prabhu S. Patil, Shailesh Madiyal, Sudhanshu Prakash, Kartik Anand, Advocates

JUDGMENT :

R. SUBHASH REDDY, J.

1. This civil appeal under Section 23 of the Consumer Protection Act, 1986 (for short, ‘the Act’), is filed by the complainant, aggrieved by the order dated 13.05.2015, passed by the National Consumer Disputes Redressal Commission (NCDRC), New Delhi in Consumer Complaint No.153 of 2010, rejecting the complaint filed by the appellant on the ground that, the appellant-Condominium has no locus standi to file the complaint since neither it is a ‘consumer’ nor it is a ‘recognised consumer association’ within the meaning of Section 12 of the Act.

2. The appellant/complainant is a statutory body under provisions of the Karnataka Apartment Ownership Act, 1972 (for short, ‘1972 Act’). It consists of members, who are the owners of the apartments in a multi-storey building, namely, “Sobha Hibiscus” situated in Amballipur Village, Varthur Hobli, of South Bangalore Taluk in Karnataka. The appellant-by the opposite party under the provisions of 1972 Act. When the appellant has filed complaint claiming certain reliefs before the NCDRC, the same is resisted by the opposite party, by taking a preliminary objection that the complainant is not a ‘consumer’ within the mean


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