Was any resolution passed by managing committee for filing case on behalf of association
2) of case filed on behalf of association all flat owners get benefit if compensation awarded
Information regarding parties in section 12 (1) (b)
I live in an apartment in Gurgaon, Haryana. One consumer case has been filed under sec 12(1) (b) and complainant name appears as Resident Welfare Association. However as per RWA president , this case has been filed only by 28 members of RWA while there are 90 members of RWA. Is it possible to file case on behalf of RWA and add individuals as parties in the case? Will all members of RWA be part of the case by default and get the compensation at the end of the case ?
Asked 9 months ago in Consumer Law
9 Answers
Only president can file case on behalf of RWA. residents have to file in their individual name or by forming association.
Without permission, approval and value resolution, valid athority no such case can be file in the name of RWA or by RWA.
Those who have included in the cae for the similar benefits claimed by all to the case only shall be entitled to the reliefs and not every member of the RWA.
The 28 members aggrieved by some grievances have approached the consumer commission to get their grievances redressed shall only be entitled to the reliefs, if granted and the other members cannot sit idle and claim the same reliefs through court.
it can be only filed if resident welfare association is consumer
Contact a lawyer and those members or remaining member if want to implead in the case move an application for iimpleading as party alongwith other members and act ss per the advice of your advocate. Those who are not party kn tge suit would not get the benefit.
- As per Section 12(1) (b) of the Consumer Protection Act, 1986 , a recognized consumer association only can file a compliant before the consumer forum.
- Hence, if the said 28 members are facing any problem or needs any facility from the builder or otherwise, then the RWA in its capacity can file a complaint .
- No, all the members cannot be compensated , hence they can move an application before the court for becoming a party of the said case.
Dear Client,
No case can be filed in the name of or by the RWA without obtaining permission, approval, and a resolution of value.
Yes. you can apply merger of suits for analogous hearing under article 227 of the constitution from the High Court
