Consumer Protection Act, 1986: s.12 – Recognised consumer association – Composite complaint filed by a registered welfare society on behalf of more than one consumers having grievance that they booked units with the opposite party on different dates and inspite of making major payment, possession was not delivered to them – Complaints dismissed on the ground that recognised consumer association can file complaint on behalf of single consumer only but cannot file complaint on behalf of several consumers in one complaint – On appeal, held: s.12(1)(b) r/w Explanation to s.12 envisages that voluntary registered association can file a complaint on behalf of its members to espouse their grievances – There is nothing in the said provision of the Act which restrict its application to the complaint pertaining to an individual complainant – Impugned order is, therefore, set aside and matter remitted to NCDRC for consideration afresh.
Allowing the appeals and remitting the matter to NCDRC, the Court
HELD: 1. The finding of the NCDRC that recognised consumer association can file complaint on behalf of a single consumer, but cannot file complaint on behalf of several consumers in one complaint, is erroneous and there is no legal basis for that. A reading of Section 12(1)(b) of the Act read with Explanation to Section 12 is clear that voluntary registered association can file a complaint on behalf of its members to espouse their grievances. If a recognised consumer association is made to file multiple complaints in respect of several consumers having a similar cause of action, that would defeat the very purpose. [Para 7][813 F-H; 814-A]
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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