Can a lot of people file case against builder in NCDRC directly

596 votes

Yes, they can. In fact, the NCDRC has settled the law in this regard in October last year and held that for relief against the same builder, a group of consumers can come together and file a consumer complaint, the jurisdiction of which will be calculated as per the total relied claimed along with the compensation. I have previous experience in consumer matters against builders. Detailed advice can be sought on giving further details.

Advocate Mishika Singh LawRato

915 votes

Depending on the services provided by the company, if you fall within the definition of consumer, you may file a consumer complaint. If a number of you decide to file it together and the claim amount becomes more than One crore you may file it before the NCDRC. In your case, you should also file criminal complaint alongwith consumer complaint at NCDRC to obtain effective relief.

Advocate Mrinmoi Chatterjee LawRato

542 votes

A consumer can file a complaint either before a District Forum / State Commission / National Commission (NCDRC) for redressal of his grievance depending upon the value of the claims made by such a consumer.

As per the Consumer Protection Act, a ‘Consumer’ can be an individual a group of person or an association.

Further, if the total aggregate value of the claims made is less than Rs.20 lacs the complaint would have to be filed in District Consumer Forum. If the value of Rs.20 lacs and above but less than Rs.1 crore, then the complaint has to be filed in State Commission and if the value of is Rs.1 crore of more then and only then one can approach NCDRC directly.

Further, the NCDRC in numerous cases has held that a recognized association of consumers can file a joint complaint before the NCDRC if the aggregate value of claims of all the individual flat owners/consumers is in excess of Rs. 1 crore, even though there individual claims may be less than that. The same has been upheld by the Hon’ble Supreme Court also. However, a group of persons, just to enhance the total value of claims, cannot join together without forming an association and file a complaint before the NCDRC.

In the present case, it is therefore, recommended that all the persons concerned shall endeavor to form an association, as the grievance of all the persons is same, and thereafter, file a complaint before the NCDRC through that association against the company.

I hope this answers the query.

Advocate Pulkit Agarwal LawRato

800 votes

Yes.

if the customers can jointly initiate an action and the cost of the flats collectively is more than one crore rupees then in that case, the buyers can directly approach the National Commission.

Advocate Anas Tanwir Siddiqi LawRato

740 votes

Yes even one person can fille the case under consumer forum and IPC of cheating subject to the conditions and agreement.If the persons who have already canceled the deal they need to prove the conditions satisfying the court t

Advocate Mani Bhushan Sinha LawRato