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Individual consumer case at SCDRC is better or in the group at NCDRC?


30-Aug-2023 (In Consumer Court Law)
I wanted to know which option is better & why? Filing an individual consumer case at SCDRC Or a group case at NCDRC against a builder. I have read that filing a group case at NCDRC is better because an appeal against the judgement of NCDRC can only be filed at supreme court, so its helps in saving time & money both. However a complaint u/s 12(1)(c) takes a lot longer to be disposed of on account of various procedural requirements. And an order against the builder to give refund + compensation to all buyers of the project may only be a paper decree incapable of realisation. Instead its better to file an individual complaint at SCDRC if the claim value is above 20 lakh rupees. So i need clarity on this issue because if we file a case at SCDRC it will take more time, money & efforts from our side if for any reason the case reach supreme court, even than we don't know whether the judgement will come in our favour as an aggrieved consumer who have put their hard earned life savings on stake
Answers (4)

Answer #1
701 votes
If your are in Delhi so directly approach to ncdrc in a class action suit if prayer of all the Consumer are the same. Against the same party to scdrc in a class action is a waist of time. And money as wel
Answer #2
517 votes
Hi ,
You can file in both the forums.
You have to see that the total biluyers claim consideration is At least 1 crore to attain the pecuniary jurisdiction of national commission.
Secondly , I would suggest to File a group case against the builder.
All the best
Answer #3
667 votes
It is explained and suggested through your legal query that builder has committed certain fraud. Since pecuniary jurisdiction of the State commission lies between Rs. 20 Lakh and 1 Crore. Whereas the jurisdiction of the National Commission is above 1 Cr. I need to know whether the individual claim amounts to more than 1 Cr. or will it be collectively claim which will make it above 1 Cr. Kindly share the necessary information.
Answer #4
732 votes
Hi, however there are provisions for filing a case by group of persons in NCDRC, but it is suggested that you go for a case in SCDRC. Out of many reasons, it can be said that at SCDRC handling of case will be much easier for you as a single aggrieved person. Further, decision of any case depends on facts and circumstances of the case and you should put your all strong points during filing of a case.

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