SUBHECHHA WELFARE SOCIETY versus M/S. EARTH INFRASTRUCTURE PVT. LTD.

SUBHECHHA WELFARE SOCIETY versus M/S. EARTH INFRASTRUCTURE PVT. LTD.

Section 12(1)(b) of the Consumer Protection Act, 1986 read with the Explanation permits a registered/recognised consumer association to file a composite complaint on behalf of multiple members; the NCDRC's finding restricting such associations to file only on behalf of a single consumer was erroneous, warranting allowance of the appeals and remittal for merits.

Parties
Appellant Complainant: SUBHECHHA WELFARE SOCIETY; Respondent: M/s. EARTH INFRASTRUCTURE PVT. LTD.
Jurisdiction
India
Judgment Date
14 February 2020
Procedural Posture
Civil Appeal / Judgment on Appeal From Ncdrc; Remitted to NCDRC for Consideration on Merits
Outcome
Appeals allowed; impugned orders set aside and matter remitted to NCDRC for consideration on merits.
Legal Topics
Recognised Consumer Association, Section 12(1)(b), Maintainability, Composite Complaint, Remittal to NCDRC
Consumer Protection Act, 1986 Recognised Consumer Association Section 12(1)(b) Maintainability Composite Complaint Remittal to NCDRC

Case Brief

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Parties

SUBHECHHA WELFARE SOCIETY

Appellant Complainant

M/s. EARTH INFRASTRUCTURE PVT. LTD.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Ncdrc; Remitted to NCDRC for Consideration on Merits

Legal Issues

  1. 1 Whether a recognised/registered consumer association can file a composite complaint on behalf of multiple consumers
  2. 2 Whether the NCDRC erred in holding that a recognised consumer association can file a complaint on behalf of a single consumer only

Ratio Decidendi

Section 12(1)(b) of the Consumer Protection Act, 1986 read with the Explanation permits a registered/recognised consumer association to file a composite complaint on behalf of multiple members; the NCDRC's finding restricting such associations to file only on behalf of a single consumer was erroneous, warranting allowance of the appeals and remittal for merits.

Court Disposition

Appeals allowed; impugned orders set aside and matter remitted to NCDRC for consideration on merits.

Orders

  • Impugned common order dated 06.12.2016 in Consumer Complaint Nos.1196 and 1197 of 2016 and orders dated 05.01.2017 in R.A. Nos.312 and 313 of 2016 are set aside.
  • Matter remitted to the National Consumer Disputes Redressal Commission, New Delhi with direction to consider the complaints on merits and pass appropriate orders.