Non-joinder of necessary parties defeats a consumer complaint where disputed share ownership and loss cannot be resolved summarily.

A consumer complaint was held liable to dismissal where resolution depended on disputed and complicated facts that could not be satisfactorily determined without impleading necessary and proper parties. The Commission found that persons involved in the share transaction, the alleged real owner of the shares, and the stock exchange through which the shares were returned were essential to decide whether the shares were stolen shares, who the introducing member was, and whether the complainant had actually suffered loss. In their absence, the controversy could not be properly adjudicated in summary consumer proceedings, so the complaint failed for non-joinder of necessary parties.

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Issues: Whether the complaint was liable to be dismissed for non-joinder of necessary parties.

Analysis: The dispute turned on whether the complainant could establish the alleged loss and the identity of the introducing member without impleading persons whose participation was essential to decide the controversy. The persons said to have dealt with the shares, the alleged real owner of the shares, and the stock exchange through which the shares were returned were all necessary to determine whether the shares were stolen shares, who was the introducing member, and whether any loss was actually suffered by the complainant. In their absence, the matter involved disputed and complicated facts that could not be satisfactorily resolved in summary consumer proceedings.

Conclusion: The complaint was liable to be dismissed for non-joinder of necessary and proper parties.

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