Consumer Protection Act, 1986: s.12(1)(c) – Joint complaint under s.12(1)(c) by number of consumers having the same interest – By filing separate application, complainants sought permission to file a joint complaint – NCDRC passed order dated 27.11.2015 admitting the case and issued notice to opposite party – After having admitted the consumer case and issued the notice, the impugned order was passed rejecting the application for grant of permission to file joint complaint under s.12(1)(c) and consequently rejecting the complaint – Held: As much as complaint was filed on behalf of number of individual consumers, an application was filed seeking permission to file joint complaint and after hearing the arguments, case was admitted and notice was issued – Though expressly it is not stated that permission is granted in the application seeking permission to file joint complaint, but in view of the fact that admission of the complaint is recorded in order dated 27.11.2015 and notice was issued, the permission is to be read as inherent in the order of admission – When the specific application was moved seeking permission for filing joint application and having passed order of admission by issuing notice on such application, NCDRC ought not to have rejected the application by impugned order – The grant of permission is to be read inherently into order dated 27.11.2015 – Matter remitted to NCDRC with direction to consider the matter afresh and dispose of the complaint case on its own merits.
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.
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