Skip to main content

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.

 

Labels:

Comments

Post a Comment

Popular posts from this blog

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...
1 comment
Read more

BENGALURU CONSUMER COURT IMPOSES PENALTY ON FLIPKART

RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY. BRIEF FACTS An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement. Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer. With no resolution, the consumer was left with no other option bu...
Post a Comment
Read more

KERALA HIGH COURT BARS ENTRY OF 10 YEAR GIRL FROM ENTERING SABARIMALA TEMPLE

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...
Post a Comment
Read more