How to file case under 12(1)(c)

766 votes

The Act does not allow more than one complaints in a representative character. The decision in one complaint filed in a representative capacity will bind all the buyers of the project. Therefore once a complaint in a representative capacity is filed under Section 12 (1) (c), and requisite permission for filing the same is given by the consumer forum, the second complaint under Section 12 (1) (c) will not be maintainable for the same project for the same relief. A second complaint, if filed, having the same interest and seeking the same relief is liable to be dismissed with liberty to seek impleadment in the complaint already instituted.
Approval of the justice foram is required for the same.

Advocate Suneel Kumar LawRato

675 votes

Dear Client, you are hereby advised that you need to file the abovementioned application within the limitation period. You do not need other buyers approval or signature. You are advised to consult a lawyer who will draft and file the application on your behalf.

Advocate Neeraj Dubey LawRato

836 votes

Hi..

What justice Bharioke has asked you to do is to convert your action into a class action under Section 12(1)(c) of the Consumer Protection Act. Therefore, it appears from your brief that the NCDRC has dismissed your appeal with the liberty to file a fresh complaint under Section 12(1)(c) of the Consumer Protection Act I.e. a class action.

The Full Bench of NCDRC vide it's recent order has given recognition to class actions filed for or on behalf of a class of consumers seeking the same relief. Therefore, you or along with the other consumers who have already commenced an action against the builder, can initiate an action under Section 12(1)(c) of the Consumer Protection Act read with Order 1 Rule 8 of CPC and satisfy the relevant forum to consider it as a class action in the facts and circumstances of the case. Once the matter is admitted by the forum, it would issue notice to all concerned flat owners or issue a newspaper publication, whichever is deemed appropriate, so as to invite the interested parties to be a part of this action. You are not required to individually contact all flat owners and/or seek their consent to the class action.

Further, please note that once a class action is admitted, no subsequent and separate complaint by an interested party would be entertained by the forum. Also, in case any interested party has a pending action initiated prior to the class action, then such pending action would continue separately unless such party takes permission from the court to withdraw the pending action and implead himself in the class action.

Hope the above is helpful.

Advocate Tushar A John LawRato

874 votes

Hi,

Considering the recent developments at NCDRC, the 5/10 consumer complaints against the same builder can be classified as class action suit and can be considered well within the ambit of Sec 12 (1)(c) , therefore its advisable that all your legal representatives meet and decide the further course of action.

However, in terms of application for other buyers . I would advise that a public notification should be given to ensure that all the grievanced consumers can together approach the court.
It's important to understand that you cannot file application without consent of each consumer. The best workable solution is to approach a legal counsel to take you through the proceedure.

Should you have any other query , feel free to contact us.

Warm Regards ,
Salonee

Advocate Salonee Agarwal LawRato

816 votes

Dear Sir Our law firm can assist you in filing the complaint that is known as representative complaintin this complaint we have to draft a separate application for leave to file this complaint under section we have to draft a separate application for leave to file this complaint under section 12 C .
It's better we can meet thanks

Advocate Mohit Popli LawRato