RAMESHWAR PRASAD SHRIVASTAVA AND ORS. versus DWARKADHIS PROJECTS PVT. LTD. AND ORS.

RAMESHWAR PRASAD SHRIVASTAVA AND ORS. versus DWARKADHIS PROJECTS PVT. LTD. AND ORS.

Sections 12(1)(c) and 13(6) of the Consumer Protection Act must be read together: for joint complaints by one or more consumers where numerous consumers have the same interest, permission of the District Forum and notice as per Order 1 Rule 8 CPC are mandatory. Complaints not in compliance are not maintainable.

Parties
Appellant: Rameshwar Prasad Shrivastava and Ors.; Respondent: Dwarkadhis Projects Pvt. Ltd. and Ors.
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision
Outcome
Appeals disposed of; view of National Commission upheld
Legal Topics
Maintainability of Joint Consumer Complaints, Class Action Under Consumer Protection Act, Interpretation of Procedural Requirements
Consumer Protection Law Maintainability of Joint Consumer Complaints Class Action Under Consumer Protection Act Interpretation of Procedural Requirements

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Parties

Rameshwar Prasad Shrivastava and Ors.

Appellant

Dwarkadhis Projects Pvt. Ltd. and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision

Legal Issues

  1. 1 Whether a consumer complaint filed by only some of the numerous consumers with common interest is maintainable under Section 12(1)(c) of the Consumer Protection Act, 1986
  2. 2 Interpretation of Sections 2(1)(b)(iv), 12(1)(c), and 13(6) of the Consumer Protection Act, 1986

Ratio Decidendi

Sections 12(1)(c) and 13(6) of the Consumer Protection Act must be read together: for joint complaints by one or more consumers where numerous consumers have the same interest, permission of the District Forum and notice as per Order 1 Rule 8 CPC are mandatory. Complaints not in compliance are not maintainable.

Court Disposition

Appeals disposed of; view of National Commission upheld

Orders

  • Appellants may approach concerned State Commission; proceedings to continue from same stage as before National Commission, not de novo