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What is the impact NCDRC judgement of Oct 7 on joint complaints?
24-Oct-2023 (In Consumer Court Law)
Hi,
About 10 of us have filed a joint complaint against a Bangalore builder (project has 1000+ apartments) with NCDRC in April 2016 seeking loss, damages and compensation. The 10 of us are first and the only complainants to file this joint complaint against the builder for that particular property. Further, our joint complaint does not represent other apartment owners; that is, it is not a representative complaint. The NCDRC granted permission to admit joint complaint as our interests were all same (deficiency of service, cheating, no O.C., etc.). However, the recent judgement on Oct 7, 2016 delivered by a 3-judge bench of NCDRC regarding "class suits", appears somewhat conflicting. Our question being - Can NCDRC dismiss our joint complaint based on Oct 7 judgement and ask to refile as individual complaints even when our complaint admitted under Section 12(1)(c)?
Your response/s will help us relieve our doubts and uncertainties.
Success rate of class action admission in NCDRC has largely declined over years. What used to be around 75%-80% in year 2011-2012 has come down to 35%-45% in 2016 with NCDRC getting increasingly conscious of the increased work such admissions will offload to it. In such a scenario, revision and a direction was on cards but it might appear that NCDRCs larger bench decision on class action has led to more questions than a widely accepted and appreciated solution. Now timely judgment will be a concern much more than just admission.
You may choose to withdraw the suit and file separate suits before the District/State Forum Bangalore as connected matters. We have very good success rates in these cases and the court has often allowed very good compensation and interest to the consumers. Recently we won some 50 cases against a builder with 18% interest and 50k mental agony compensation.
You may choose to withdraw the suit and file separate suits before the District/State Forum Bangalore as connected matters. We have very good success rates in these cases and the court has often allowed very good compensation and interest to the consumers. Recently we won some 50 cases against a builder with 18% interest and 50k mental agony compensation.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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