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Civil · Reportable judgment

Alpha G184 Owners Association vs Magnum International Trading Company Pvt. Ltd.

Court
Supreme Court of India
Date
15 May 2023
Case No.
Civil Appeal No. 4718 of 2022
Result
Allowed
Bench
J.K. Maheshwari, M.M. Sundresh
Citation
[2023] 5 S.C.R. 861 : 2023 INSC 536
Supreme Court Reports [2023] 5 S.C.R. 861 : 2023 INSC 536
Headnote

Consumer Protection Act, 1986: ss. 12(1)(a), 13(6) – Procedure on admission of a complaint – Joint complaint by numerous consumers without representative capacity – Permissibility of – On facts, appellant-association of allottees filed numerous consumer complaints for delayed possession, compensation for the delay and additional demands raised, against the respondent – Affidavits filed by the appellant along with the individual affidavits of the allottees – Writ petition by the respondent which was stayed by this Court – Nonetheless, the respondent filed complaint before the District Registrar of Societies that the byelaws of the appellant association not in conformity with the 2012 Act – Matter referred to the State Registrar – State Registrar directed the appellants to amend its bylaws failing which, their registration would be cancelled – Appeal by the appellants to Registrar General– During the adjudication before the Registrars, the National Commission adjourned the proceedings sine die, till the outcome of the appeal before the Registrar General – Meanwhile the byelaws amended – On appeal, held: On facts, the allottees do not represent the others – There is no larger public interest involved – Such complainants seek reliefs for themselves and nothing beyond – Thus, no question of compliance of Order I Rule 8 CPC – Definition of ‘complainant’ u/s. 2(b)(i) would include multiple consumers – Members of the appellant, who had filed affidavits, would fall u/s.12(1)(a) – Complaints have already been registered – Issue pertaining to registration and the byelaws got no relevancy – Affidavits have been filed by the individual allottees –Pedantic and hyper-technical approach would cause damage to the very concept of consumerism – Even after five years the cases have not progressed – Thus, the impugned order set aside – Haryana Registration and Regulation of Societies Act, 2012.

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Consumer Protection Act, 1986 – Consumer Protection Act, 2019 – Object of – Held: 2019 Act facilitates the consumers to approach the forums by providing a very flexible procedure – It is meant to encourage consumerism in the country – Any technical approach in construing the provisions against the consumer would go against the very objective behind the enactment. National Insurance Co. Ltd. v. Harsolia Motors, 2023 SCC OnLine SC 409 ; Brigade Enterprises Ltd. v. Anil Kumar Virmani (2022) 4 SCC 138 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. M. SUNDRESH, J. FACTS 1. The appellant is an association formed by the allottees, registered under Section 6 of the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter referred to as “the HRRS Act”) vide certificate dated 01.11.2017. The respondent herein is a builder tasked with the development of a housing project. Inter alia alleging that the respondent has failed in its obligation to construct and complete the promised flats within the timeline agreed upon, with its failure to pay compensation for the delay caused at its
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