Is it necessary to form a registered association to file a case in NCD
19-May-2023 (In Property Law)
Is it necessary to form a registered association to file a case in NCDRC against a particular builder by 7 people together having sole object for refund of money on the grounds of inordinate delay.
People having common object/grievance against same person need not be registered into an association.
The 7 people can jointly file complaint before the NCDRC against the builder by simply adding names of all the complainants in the complaint.
The 7 people can jointly file complaint before the NCDRC against the builder by simply adding names of all the complainants in the complaint.
Yes it is necessary to form a registered association to file complain directly before NC DRC
A consumer can file a complaint either before a District Forum / State Commission / National Commission (NCDRC) for redressal of his grievance depending upon the value of the claims made by such a consumer.
As per the Consumer Protection Act, a ‘Consumer’ can be an individual a group of person or an association.
Further, if the total aggregate value of the claims made is less than Rs.20 lacs the complaint would have to be filed in District Consumer Forum. If the value of Rs.20 lacs and above but less than Rs.1 crore, then the complaint has to be filed in State Commission and if the value of is Rs.1 crore of more then and only then one can approach NCDRC directly.
Further, the NCDRC in numerous cases has held that a recognized association of consumers can file a joint complaint before the NCDRC if the aggregate value of claims of all the individual flat owners / consumers is in excess of Rs. 1 crore, even though there individual claims may be less than that. The same has been upheld by the Hon’ble Supreme Court also. However, a group of persons, just to enhance the total value of claims, cannot join together without forming an association and file a complaint before the NCDRC.
A consumer can file a complaint either before a District Forum / State Commission / National Commission (NCDRC) for redressal of his grievance depending upon the value of the claims made by such a consumer.
As per the Consumer Protection Act, a ‘Consumer’ can be an individual a group of person or an association.
Further, if the total aggregate value of the claims made is less than Rs.20 lacs the complaint would have to be filed in District Consumer Forum. If the value of Rs.20 lacs and above but less than Rs.1 crore, then the complaint has to be filed in State Commission and if the value of is Rs.1 crore of more then and only then one can approach NCDRC directly.
Further, the NCDRC in numerous cases has held that a recognized association of consumers can file a joint complaint before the NCDRC if the aggregate value of claims of all the individual flat owners / consumers is in excess of Rs. 1 crore, even though there individual claims may be less than that. The same has been upheld by the Hon’ble Supreme Court also. However, a group of persons, just to enhance the total value of claims, cannot join together without forming an association and file a complaint before the NCDRC.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."