Laws laid down by supreme court
Law Point –Whether filing complaint by more than one consumers with Sameness of the interest will become a complaint for ‘class action’
Summery /Law
Vikrant Singh Malik & 25 Ors.
Versus Supertech Limited & 2 Ors
(Through its M.D.)
Consumer
Case No. 1290 OF 2015
Decided
on 24 august 2020(SC)
Law
Point –Whether filing complaint by more
than one consumers with Sameness of the interest will become a complaint for
‘class action’
FACTS ;
A joint
complaint filed by 26 flat buyers against Supertech builder with same interest,
seeking same relief –
- Direct the Supertech to withdraw its offer
of possession without a valid Occupancy Certificate/Completion Certificate
- Withdraw demand raised and refund if already
paid for open as well as covered
car parking
- Direct to withdraw demand /refund money
under super area declared.
- Direct to withdraw cost escalation charges
- Direct to withdraw demand raised under the
head "Farmer's compensation charges
- Direct to withdraw/refund any demand
raised/collected in the name of club charges
- Direct to withdraw the demand of interest
- Direct Opposite Party No.2 to
cancel/withdraw the license granted to the Opposite Party No.1 and
takeover the project
- Direct the Opposite Party No.1 to withdraw
the demand raised in the name of Labour Welfare charges, water connection charges / EDC charges,
maintenance charges
- Direct the Opposite Party No.1 to pay
delayed possession penalty
But there was variation of facts of each
homebuyer about the allotment of their flat such as –
Apartment Distinct
Date of Buyer agreement different
Date of execution of agreement different
Price of flat Different
Area of flat different
While discussing the facts of the case, National
Commission observed a few discrepancies in the Present complaint namely Frame
of complaint, nature of pleadings and relief sought
- Only seeks to high light the grievance of 26 complaints and they do not possess the character of
representative for all having the common interest which is the
essential element of section
2(i)(c) and then could refer to
section 13(6)
·
The content of the
complaint also is a single party centric and it speaks for individual consumers.
National
Commission dismissed the complaint
considering it not a ‘class action’ case and suggested to file
individual complains.
Supreme
Court sends back the case to National Commission to allow amendment so as it
make it perfect “class action’ case because it found element of sameness of
interest was very much there .
Hence law laid down by Supreme Court for
“Class Action” character as a consumer Complaint thus stands as hereunder-
1. There
should be an element of sameness of the
interest and with common interest of all the consumers joining together.
2. The
complaint should be represented by one leading case for protection of
interest& benefit of all the consumers.
3. Factually
different cost,size ,booking date and price variation will not affect the
character of “class action” against the same party with the same objective held
Supreme Court.
4. The
content of the complaint must also not be a single party centric it should
speak for all the consumers.
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