Is association mandatory to file case at NCDRC?

836 votes

Hello,
For the query you posted, I would suggest the following:

Though it is not mandatory, but depending upon the pecuniary jurisdiction and subject matter or such complaint, the proceedings could be filed before NCDRC.

I hope this answers your query.

Best
M.Faris
Advocate

Advocate Mohd Faris LawRato

950 votes

No, if the grievance relates to a person in his individual capacity, then he can very well file in his capacity as an individual. If the prayer from NCDRC relates to or is likely to affect a large number of people from society, then association can be formed and a case can be filed in a representative capacity. It completely depends upon what kind of relief is one seeking from NCDRC. What is mandatory is that the amount in dispute should be above Rs. 1 Crore (i.e. 1 Crore and 1 Rupee minimum) and that the person filing the complaint should be a "Consumer" within the capacity of Consumer Protection Act, 1986 and there must have been either goods bought or services availed which are unsatisfactory, as per the Consumer Protection Act, 1986.

LawRato LawRato

523 votes

Hi, from your question it is difficult to ascertain complete facts of your case and so the specific reply is not possible. NCDRC has different kinds of jurisdictions. For original jurisdiction, if your claim amount is less than specified, you may form association to file the case. In case of appellate or other jurisdiction such association is not necessary. Thanks

Advocate Ganesh Singh LawRato

622 votes

The answer is no. There is no such provision under the Consumer Protection Act, 1986. However, a recent supreme court judgement says that a association can come before the NCDRC if there total relief exceeds One crore.

Advocate Shekhar Raj Sharma LawRato