State Consumer Disputes Redressal Commission
Anurag Rajan & Anr. vs Parsvnath Buildwell Pvt. Ltd. on 13 March, 2024
ANURAG RANJAN & ORS. V. PARSVNATH BUILDWELL PVT.
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13.03.2024 IA NO.798/2023 AND IA NO.818/2023 IN CC NO.888/2019 By this order we will first dispose the application filed by the OP bearing IA No.798/2023 seeking rejection of the complaint, inter-alia, on the following grounds:
(i) It is submitted that by way of the present application, the OP No.1 craves leave of this Hon'ble Forum to reject the captioned complaint being not maintainable in the light of the order dated 07.10.2016 passed by the Hon'ble National Commission in the matter titled 'Ambrish Kumar Shukla v.
Ferrous Infrastructure Pvt. Ltd. Bearing CC No.97 of 2016. It is pertinent to mention that since the captioned complaint is not maintainable in terms of the said judgment, the OP No.1 is not filing a detailed reply to the captioned matter as the same will not be maintainable if the requisite permission under Section 12(1)(c) of the Consumer Protection Act had not been granted prior to filing of the complaint. The relevant portion of the order dated 07.10.2016 are reproduced hereunder for ready reference of this Hon'ble Commission:
"The individual complaints instituted before grant of the requisite permission under Section 12(1)(c) of the Consumer Protection Act can continue despite grant of the said permission but it would be open to such complainants to withdraw their individual complaints and join as parties to the complaint instituted in a representative character. However, once the requisite permission under Section 12(1)(c) of the Consumer Protection Act is granted, an individual complaint, expressing the same grievance will not be maintainable and the only remedy open to a consumer having the same grievance is to join as a party to the complaint instituted in a representative character."
(ii) It is submitted that some of the allottees of the said project had approached the Hon'ble National Commission and filed Page 1 of 5 ANURAG RANJAN & ORS. V. PARSVNATH BUILDWELL PVT.
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a consumer complaint under Section 12(1)(c) of the Consumer Protection Act, 1986 bearing CC No.889/2016 titled as Vikram Singh Negi & Ors. v. Parsvnath Buildwell Pvt. Ltd. against the OP, Parsvnath Developers Limited under the similar set of facts and circumstances as stated in the present complaint.
(iii) Vide order dated 20.02.2017, the Hon'ble National Commission has granted permission to file the aforesaid complaint under Section 12(1)(c) of the Act. It is further stated that the said order was amended vide order dated 04.05.2017 and direction was passed that a public notice in terms of Order I Rule 8 CPC be published in Times of India and Navbharat Times.
(iv) It is stated that since the present complaint is filed in the month of September 2019 i.e. after the requisite permission under Section 12(1) (c) had been granted by the Hon'ble National Commission in the matter of Vikram Singh Negi (Supra), the present complaint is not maintainable before this Commission.
No reply to the application has been filed by the Complainant despite opportunity.
We have perused the record as well as the judgment relied upon by the OP No.1. The Hon'ble National Commission while answering the reference dated 11.08.2016 had answer the Issue No.(vii) in CC No.97/2016 titled Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd. by observing as under:
"Issue No. (vii) 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 Page 2 of 5 ANURAG RANJAN & ORS. V. PARSVNATH BUILDWELL PVT.
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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.
The individual complaints instituted before grant of the requisite permission under Section 12(1)(c) of the Consumer Protection Act can continue despite grant of the said permission but it would be open to such complainants to withdraw their individual complaints and join as parties to the complaint instituted in a representative character. However, once the requisite permission under Section 12(1)(c) of the Consumer Protection Act is granted, an individual complaint, expressing the same grievance will not be maintainable and the only remedy open to a consumer having the same grievance is to join as a party to the complaint instituted in a representative character.
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 inter-alia (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.Page 3 of 5
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From the aforesaid settled position, it clear that once the requisite permission under Section 12(1)(c) of the Consumer Protection Act is granted, an individual complaint, expressing the same grievance will not be maintainable and the only remedy open to a consumer having the same grievance is to join as a party to the complaint instituted in a representative character.
In the present case, present complaint is filed in the month of August 2022 and the Hon'ble National Commission vide its order dated 20.02.2017 had also granted the requisite permission under Section 12(1)(c) of the Consumer Protection Act in CC No.889/2016 titled as Vikram Singh Negi & Ors. v. Parsvnath Buildwell Pvt. Ltd..
Therefore, in view of the aforesaid discussion, we do not find any reason to continue with the present complaint. Consequently, the present application bearing IA No.798/2023 stands allowed. The Complainant shall be at liberty to join the CC No.889/2016 titled as Vikram Singh Negi & Ors. v. Parsvnath Buildwell Pvt. Ltd. pending before the Hon'ble National Commission. The Complainant shall also be entitled to claim benefit of the period spent during the proceedings before this Commission for the purpose of limitation.
Since, the complaint is disposed of, the issue involved in the aforesaid two applications bearing IA No.818/2023 seeking impleadment of M/s. Devidayal Aluminium Industries Pvt. Ltd. do not require adjudication by this Commission and the same is left open.
Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
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A copy of this judgment be given to all the parties free of cost, in terms of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 and as mandated by the Consumer Protection Act, 1986. Thereafter, the file be consigned to Record Room.
(Justice Sangita Dhingra Sehgal) President (Pinki) Member (Judicial) TRI Page 5 of 5