I have purchased an apartment in Noida and he is delaying project beyond a reasonable wait period. We around 10 people have come together to file a case. Our lawyer suggested that each of us shall file an individual case in state commission (since individually our claim shall be less than 1 Cr) While i understand there are section 12.1.b (which allows you to form an association and then file case) and Section 12.1.c (which allows you to form a group of people and file case). Both in above scenarios our case will be submitted to NCDRC Reason he suggested not to go with both above options is below 1. In Section 12.1.b if any buyer information is found wrong, whole case goes for a jeopardy 2. In Section 12.1.c, since it is filed on behalf of all users, any one who is not part of case OR anyone who is part of case but not satisfied by judgement can raise his concern and whole group has to suffer because of this. I want to understand If above concerns are true and is it advisable to file under which section of consumer protection act?
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1) it is better 10 flat purchasers get together and file case before national consumer disputes Redressal Commission under section 12.1.c
2) if you file case before state commission and builder is aggrieved by order he would file appeal before NCRDC
3) if you file complaint before NCRDC you save one round of litigation .
You didnt answer my above questions. Anyways asking them below again. What happens to group (registered association (12.1.b) or just a group (12.1.c) ) in case one buyer wants to withdraw or found guilty of having wrong information. Does it effect whole group or just that individual ?
If a complaint is against a builder under Section 12 (1) (c), i.e by an unregistered group of persons, it can be filed only on behalf of or for the benefit of all buyers who have the same interest and grievance against the builder. It cannot be filed seeking relief for the benefit of only some of the buyers. b. A complaint under Section 12 (1) (c) is maintainable before the NCDRC where the aggregate value of the all the apartments combined and the total compensation claimed in respect of all the buyers exceeds Rs. 1 crore. The value of each individual apartment is wholly irrelevant in such a complaint.
2) if any false statement has been made by one buyer under section 12.1.b it would affect the case . it is well settled law that a person who does not come to court with clean hands is not entitled to any relief
3) under the circumstances dont form any association to file case under section 12.1.b of consumer protection act
4) More than one complaints under Section 12(1)(c) of the Consumer Protection Act are not maintainable on behalf of or for the benefit of consumers having the same interest i.e. a common grievance and seeking the same / identical against the same person...
5)In case more than one such complaints have been instituted, it is only the complaint instituted first under Section 12(1) (c) of the Consumer Protection Act, with the requisite permission of the Consumer Forum, which can continue and the remaining complaints filed under Section 12(1)(c) of the Consumer Protection Act are liable to be dismissed with liberty to join in the complaint instituted first with the requisite permission of the consumer forum....
6)those persons who are not part of complaint filed under section 12.1.c can raise their concern before NCRDC . it would delay disposal of complaint and affect the whole group
In my opinion your is right and appears to guide you properly.
What is that you will be benefited if you are filing the complaint together with others?
If all of you have common problem then you can file complaint jointly.
You confirm from others that if they have problems in common or somebody having multiple problem.
You can take a decision based on the prevailing circumstances.
When the information furnished is found to be wrong, then the judgement will be accordingly.
The court will be concerned with the papers and evidences before it. The court will see it as a case in whole and not by an individual's case
1. It will be prudent on your part to jointly file the said complaint case before the State Commission since the litigating expenses can be shared by all.
2. In case of filing individual cases, the legal expenses will multiply in favour of the concerned lawyer.
3. If there are numbers or petitioners on the same ground, the Commission is likely to take favourable stand in favour of the petitioners.
1. No. If one petitioner /buyer gives false information and others give correct information, then the petitioner giving false information will suffer and not thenother petitioners/buyers who submitted correct information.
2. it is always advisable to file joint case before the Forum/Commission.
1. Your lawyer is bang on mark. If even one of the petitioners wants to withdraw the case the other can still continue, but if the facts mentioned by one of the petitioners are found to be false then the entire case can go to rocks.
2. Better proceed individually.
