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Can group of customers file consumer case against a builder
28-May-2023 (In Consumer Court Law)
We are planning to file a case in NCRDC against our builder for delay in possession. How we can proceed in this scenario. Shall we register our group before filing case ? Group has people who are out of India, In this case how they can participate in case? What should be the minimum number of buyers for case, based on which court will consider it positively. Does no of buyers matter in such cases? Total no of flats are approx 250, but we are only 10 people who are planning for case.
You can together file a common petition under the Consumer Protection Act as it specifically provides for it as long the interest is common. Thus you may not need to register the group. People outside of India can also be party. All they have to do is send a general power of attorney to someone who can pursue it on their behalf. Such power of attorney will have to embossed locally. There is no minimum number of buys required for the case. You could be just one. Number of buyers does not matter. So go ahead and file. It is a pro-consumer Act.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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If a group of people have a common interest and the facts are same they can file a case together even without making an association and even persons staying abroad may join. However, they all will have to sign Vakalatnama and affidavits separately.
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