Case nº Consumer Case No. 1882 Of 2016 of NCDRC Cases, February 13, 2017 (case Hari Kumar Nair & Ors. Vs Ms. Express Projects Pvt. Ltd. & Anr)
| Judge | For Appellant: Mr. Kushagra Bansal, Advocate |
| President | Mr. V.K. Jain,Presiding Member |
| Resolution Date | February 13, 2017 |
| Issuing Organization | NCDRC Cases |
Order:
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This is a complaint filed by four persons all of whom separately purchased one residential flat each from the opposite party. Complainant No.1 purchased the flat for a consideration of Rs.41,20,000/-, complainant No.2 purchased his flat for a consideration of Rs.37,71,800/-, complainant No. 3 purchased the flat for a consideration of Rs.46,35,000/- and complainant No. 4 purchased it for a consideration of Rs.17,11,500/-. The flats were purchased on different dates. This joint complaint has been filed by all of them coming together, seeking the following reliefs:
"1. To direct the
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Direct the promoter to comply within a prescribed timeframe with the norms of occupancy certificate and get the requisite NOCs to immediately ensure safety and security of residents; thereafter, direct the NBCC India (formerly National Buildings Construction Corporation Limited) to verify compliance of the promoter with the building norms;
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Direct the GDA to restore status quo ante in respect of 134 flats until it finishes a legally sustainable method to differentiate compounded and uncompounded portions of the building;
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To direct the promoter to pay a sum of Rs.45,06,038/- (Rupees forty-five lacs six thousand and thirty-eight) only to each of the complainants as set out in detail in paras above;
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To direct the promoter to pay a sum of Rs.1,00,000/- towards legal fees and research costs.
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Section 12(1)(c) of the Consumer Protection Act reads as under:
"(12(1)(c) -- one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all the consumers so interested;"
It would thus be seen that the Act does not envisage a joint complaint by more than one complainant unless the complaint is filed under Clause (c) on behalf or for the benefit of all the consumers having the same interest in the subject matter of the complaint, provided there are numerous such consumers. The present complaint does not purport to have been filed under Clause (c) and therefore, cannot be said to have been filed on behalf of or for the...
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