2021 (9) TMI 1157

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ilind, Adv. Mr. Shagun Ruhil, Adv. Mr. Vishal Nautiyal, Adv. Mr. Chritarth Palli, Adv. (A.C.) ORDER The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission (in short 'NCDRC') on 04.01.2010 whereby the appellant was saddled with the liability to pay the amount of certain cheques signed by him along with interest at the rate of 9% p.a. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inant" means- (i) a consumer; or (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or (iii) the Central Government or any State Government; or (iv) one or more consumers, where there are numerous consumers having the same interest; (v) in case of death of a co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aintainable on behalf of the numerous consumers having the same interest in terms of clause (iv) of Section 2(1)(b) of the Act. However, we are unable to agree with such arguments raised by Mr. Palli, learned Amicus. A complaint on behalf of one or two consumers having same interest can be filed only with the permission of the forum of which the jurisdiction is invoked. Since the complainant is ne....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hru Place, NOIDA and Ghaziabad. Since, the complaint itself was not maintainable and the appellant is an employee engaged by the sole proprietorship consultancy, there cannot be any personal liability which can be inflicted upon the appellant by virtue of only being an employee of a sole proprietorship. Consequently, the present appeal is allowed. The order passed by the NCDRC is set aside a....