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T V Krishnamurthy (None)     25 December 2016

Class action suit

I need considered opinion of implication of this case

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
CONSUMER CASE NO. 97 OF 2016

at the end it reads

16. Before parting with the references, we would like to emphasise that considering the binding effect of a decision rendered in a complaint under
Section 12(1)(c) of the Consumer Protection Act, on all the consumers, on whose behalf or for whose benefit such a complaint is filed, even if they
chose not to join as a party to the complaint, it is necessary to exercise due care and caution while considering such a complaint even at the initial
stage and to grant the requisite permission, only where the complaint fulfils all the requisite conditions in terms of Section 12(1)(c) of the Consumer
Protection Act read with Order I Rule 8 of the Code of Civil Procedure; as interpreted in this reference. It would also be necessary for the Bench to
either give individual notices or an adequate public notice of the institution of the complaint to all the persons on whose behalf or for whose benefit
the complaint is instituted. Such a notice should disclose interalia
(i) the subject matter of the complaint including the particulars of the project if
the complaint relates to a housing project / scheme, (ii) the class of persons on whose behalf or for whose benefit the complaint is filed, (iii) the
common grievance sought to get redressed through the class action, (iv) the alleged deficiency in the services and (v) the reliefs claimed in the
complaint.

My issue

Should I join 

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
 
CONSUMER CASE NO. 296 OF 2012

as a consumer.

Will I get the benefit of the judgment as a consumer even if I do not join the case.

Is any remedy available to me if the builder refuses benifits of the judgment

Thanks for expert opinion.

 

 



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     26 December 2016

It is always better to fight collectively against a powerful builder, and if facts of your complaint similar, discuss about the complaint with an eminent advocate and pray the forum to make you also as a party, if your complaint fulfils the norms as laid down in NCDRC decision.


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