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Can few buyers jointly sue the same builder in NCDRC


06-Aug-2023 (In Consumer Court Law)
Amount of claim is more than Rs 1 Crore . 1.I want to know whether ONLY FIRST buyers can approach NCDRC? 2. In a case where fraud committed by Builder became known after he handed over to Association (after builder managing it for over 10 years) can second or subsequent buyers join hands with first Buyers and sue the Builder in NCDRC? 3. Can Owners Association sue the builder on behalf of owners comprising original buyers as well as second and subsequent buyers?
Answers (2)

Answer #1
774 votes
Any affected person for defective service or goods can approach consumer commission for claiming relief. But, before that you need to see wether consequential legal action is safe for you and other owners. Asking a wrong relief in wrong forum/court will not be safe and in some cases resulted in heavy fine. If a fraud committed is an unauthorized construction than relief is not from consumer law. There are other Laws to kneel him down if it's a serious allegations.
Answer #2
555 votes
Hi,

As per the recent Supreme Court decision, yes you can jointly approach the NCDRC for any claims against the builder. If there is any commitment given to the consumers/owners on an particular aspect and if there is any defect in that you can very well approach the National Commission according to the latest Supreme Court decision.

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