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Criteria for filling representative consumer complaint (Dispute between builder and buyer)

In recent times disputes between consumer that is buyer and real estate companies has been on the rise more so when the overall market went to a standstill during the time of COVID

The buyers face two problems in this situation, on one hand the project in which they have invested delayed on account of default on the part of builders and on the other the banks from which the buyers have taken loan continue demanding the monthly instalments.

As a result, the consumers did not have any other way but to approach appropriate consumer redressal forum

Since a large number of buyers were aggrieved during the covid times, they all generally decide to file the case in representative capacity that is a class suit. In such a situation when the buyers decide to file a complaint against the builder jointly the total sum of money for which all the buyers are aggrieved is added to determine the value of complaint for the purpose of jurisdiction.

Also as recently held by Delhi High Court in such cases the yardstick for treating a particular suit as a class suit, there shall be sameness of interest and all parties should be seeking similar relief. In other words, all the buyers who decide to file complaint jointly must reflect that they are having sameness of interest to file the complaint.

This judgement reflects one important aspect that merely the case falling within the jurisdiction of National Commission does not give individual buyers a right to file a class suit. Hence until and unless the forum is satisfied that there is sameness of interest, the consumer complaint cannot be clubbed.

 I hope this piece of information will be helpful to all my readers.

 

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