MONU KUMAR & ORS. versus M/S. METROMAX INFRASTRUCTURE PVT. LTD.

MONU KUMAR & ORS. versus M/S. METROMAX INFRASTRUCTURE PVT. LTD.

Because the NCDRC admitted the complaint after hearing the application for permission to file a joint complaint and issued notice, the Court held that permission must be read as inherent in that admission order; consequently the subsequent rejection of the application was erroneous and the impugned order was set aside and the matter remitted to the NCDRC for fresh consideration on merits.

Parties
Complainant: Monu Kumar & Ors.; Respondent: M/s. Metromax Infrastructure Pvt. Ltd.
Jurisdiction
India
Judgment Date
14 February 2020
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed; impugned order set aside; matter remitted to the National Consumer Disputes Redressal Commission, New Delhi for fresh consideration and disposal on merits.
Legal Topics
Joint Complaint Under Section 12(1)(c), Admission of Complaint, Remittal to Adjudicatory Forum, Procedure for Issuance of Notice and Written Version Under Section 13
Consumer Protection Joint Complaint Under Section 12(1)(c) Admission of Complaint Remittal to Adjudicatory Forum Procedure for Issuance of Notice and Written Version Under Section 13

Case Brief

Summary, issues, holding and outcome

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Parties

Monu Kumar & Ors.

Complainant

M/s. Metromax Infrastructure Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether permission to file a joint complaint under Section 12(1)(c) can be read into an order admitting the complaint and issuing notice
  2. 2 Whether the NCDRC erred in subsequently rejecting the application for permission after admitting the complaint

Ratio Decidendi

Because the NCDRC admitted the complaint after hearing the application for permission to file a joint complaint and issued notice, the Court held that permission must be read as inherent in that admission order; consequently the subsequent rejection of the application was erroneous and the impugned order was set aside and the matter remitted to the NCDRC for fresh consideration on merits.

Court Disposition

Appeal allowed; impugned order set aside; matter remitted to the National Consumer Disputes Redressal Commission, New Delhi for fresh consideration and disposal on merits.

Orders

  • Impugned order dated 09.01.2017 set aside.
  • Matter remitted to the National Consumer Disputes Redressal Commission, New Delhi with direction to consider the matter afresh and dispose of the complaint on its own merits.