Subhechha Welfare Society v. M/S. Earth Infrastructure Pvt. Ltd.
R. SUBHASH REDDY, J.
1. These civil appeals are filed by the complainant in Co nsumer
Complaint Nos.1196 and 1197 of 2016, aggrieved by the order dated
06.12.2016 and the order dated 05.01.2017 in R.A.Nos.312 and 313 of
2016 passed by the National Consumer Disputes Redressal Commission
(for short, ‘NCDRC’), New Delhi.
2. The appellant-complainant is a registered Welfare Soc iety.
Consumer Complaint No.1196 of 2016 has been filed by the complainant
on behalf of 8 allottees and Consumer Complaint No.1197 of 2016 has
been filed by the complainant on behalf of 12 allottees with the allegations
that buyers booked units with the opposite party on different dates and
inspite of making major payment, possession has not been delivered to
them. In the aforesaid complaint directions are sought against the opposite
party to hand over possession of units in all respects or in the alternative
to provide other flat of identical size or to refund the amount deposited
along with interest and compensation.
3. It is the case of the appellant that the complainant b eing a
society registered under Haryana Registration and Regulation A ct has
filed complaint on behalf of allottees, under Section 12(1)(b) of the
Consumer Protection Act, 1986 (for short, ‘the Act’).
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4. Both the complaints filed by the appellant-complainan t are
dismissed vide impugned order dated 06.12.2016 on the ground that
recognised consumer association can file complaint on behalf of single
consumer only, but cannot file complaint on behalf of several consumers
in one complaint. Review applications preferred against the dismissal of
the complaints have also been dismissed vide order dated 05.01.20 17
which order is also under challenge.
5. We have heard Sri Ashwani Kumar, learned counsel appearing
for the appellant. Inspite of service of notice, there is no appearance on
behalf of the respondent.
6. Learned counsel appearing for the appellant has submitted that
the reasoning assigned by the NCDRC for dismissing the complaints as
not maintainable, is erroneous as much as there is no restriction on the
voluntary registered association to file complaint on behal f of single
consumer only. It is submitted that the restriction as recor ded in the
impugned order will defeat the very purpose of registering an association.
Learned counsel has also brought to our notice an order of the NCDRC
in Consumer Complaint No.816 of 2016 wherein the Tribunal has recorded
a finding that, Section 12(1)(b) of the Act does not preclude the recognised
consumer association from filing a composite complaint on beh alf of
more than one consumers, having a similar grievance against the seller
of the goods or the provider of services, as the case may be. Further, it
is submitted that the said order is affirmed by this Court a s the Civil
Appeal Nos.10882 of 2016 etc. titled M/s. Amrapali Sapphire Developer
Pvt. Ltd. v. M/s. Amrapali Sapphire Flat Buyers Welfar e Association
preferred against the orders passed by the NCDRC are dis missed by
order dated 21.02.2017.
7. Having considered the submissions made by the learned counsel
for the appellant and on perusal of the impugned order and other material
placed on record, we are of the view that the finding of the NCDRC
that recognised consumer association can file complaint on behalf of a
single consumer, but cannot file complaint on behalf of several consumers
in one complaint, is erroneous and there is no legal basis for that. From
a reading of Section 12(1)(b) of the Act read with Explanation to Section
12 it is clear that voluntary registered association can file a complaint on
behalf of its members to espouse their grievances. There is nothing in
the aforesaid provision of the Act which would restrict its application to
the complaint pertaining to an individual complainant. If a recogni sed
SUBHECHHA WELFARE SOCIETY v. M/S. EARTH
INFRASTRUCTURE PVT. LTD. [R. SUBHASH REDDY , J.]
consumer association is made to file multiple complaints in re spect of
several consumers having a similar cause of action, that would defeat
the very purpose of registration of a society or association and it would
result only in multiplicity of proceedings without serving a ny useful
purpose.
8. We are in agreement with the view taken by the NCDRC in
interpreting the provisions of Section 12(1)(b) of the Act in order dated
30 th August 2016 in Consumer Complaint No.816 of 2016 passed in the
case of Amrapali Sapphire Flat Buyers Welfare Associ ation etc. v.
Amrapali Sapphire Developers Pvt. Ltd. etc. which is also affirmed by
this Court by virtue of dismissal of Civil Appeal Nos.10882 of 2016 etc.
vide order dated 21.02.2017.
9. For the aforesaid reasons, these civil appeals are allowed an d
the impugned common order dated 06.12.2016 passed in Consumer
Complaint No.1196 and 1197 of 2016 and the orders dated 05.01.2017
passed in R.A. Nos.312 and 313 of 2016 are set aside. The matter i s
remitted back to the National Consumer Disputes Redressal Commission,
New Delhi with a direction to consider the complaints on merit s and
pass appropriate orders. It is made clear that the observat ions made in
this order are only for the purpose of disposal of these appea ls which
are directed against the order of the NCDRC dismissing the complaints
in limine on the ground of maintainability. It is open for the Commission
to consider the grievance(s) raised in the complaints on its own merits.
Devika Gujral Appeals allowed and matter remitted to NCDRC.