Consumer case


Consumer case against the builder has been filed in 2013 in NCDRC ,builder has taken some amount from 132 persons as a booking amount and later on not started the project work and also not ready to give the money back .

Builder has delayed by 120 days to give the answer to the notice issued by NCDRC and NCDRC rejected the delay condonation application .Later on OP went in supreme court and filed SLP within 90 days from the order  and the same also dismissed by Hon'ble supreme court .Now the OP has filed Review Petition in supreme court after 09 month from the dismissal of the SLP.What would be the next step needs to be taken in argument

 
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Business

AFAIK, Review Petition can be filed only within 30 days of the dismissal of the SLP.

 

See Order XL of the Supreme Court Rules, 1966.


So, the Review Petition will not succeed.

 
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Reveiw petition is dissmissed by the supreme court now .What will be the next step now.. Case date is in 2016 now .

 
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These days NCDRC  is  entertaining petition under section 12(1)(c) (class action petition) of the consumer protection act-1986, wherein joint petition can be filed on behalf of innocent consumers.

Pre-Requisites

  1. All the buyers are affected by same cause.
  2. Same relief is sought by the buyers
  3. There are many number of buyers.
  4. Grievance related to same project
  5. No default on part of buyers-All payment made

If all the conditions are fulfilled the complaint is eligible for one under 12(1)(c) of the consumer protection act 1986.

Image result for ncdrc

About Complaint

As per the judgement of Ambrish Kumar Shukla

A complaint under Section 12 (1)(c) of the Consumer Protection Act can be filed only on behalf of or for the benefit of all the consumers, having a common interest or a common grievance and seeking the same / identical relief against the same person. Such a complaint however, shall not be deemed to have been filed on behalf of or for the benefit of the consumers who have already filed individual complaints before the requisite
permission in terms of Section 12(1)(c) of the Consumer Protection Act is accorded.

 

Therefore the prayer clause have to be drafted keeping in mind that it is for the benefit for all the consumers or else the complaint will be rejected.

The content of the complaint must also not be a single party centric it should speak for all the consumers.

After the complaint is admitted in the forum any consumers who wish to proceed against the builder can file an individual application for impleadment with affidavit.

More than one complaints under Section 12(1)(c) of the Consumer Protection Act are not maintainable on behalf of or for the benefit of
consumers having the same interest i.e. a common grievance and seeking the same / identical against the same person. In case more than one such
complaints have been instituted, it is only the complaint instituted first under Section 12(1)(c) of the Consumer Protection Act, with the requisite
permission of the Consumer Forum, which can continue and the remaining complaints filed under Section 12(1)(c) of the Consumer Protection Act
are liable to be dismissed with liberty to join in the complaint instituted first with the requisite permission of the Consumer Forum.

Adv. Nitish Banka

9891549997

 
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