TaxTMI 
TaxTMI 
2018 (12) TMI 2007
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....ded that the possession would be delivered by the first respondent within three years. The time specified for delivery thus expired in the year 2010 but no possession was offered within the stipulated time. It appears that letters were received by various such buyers from April, 2012 onwards asking for payment of final instalment connected with delivery of possession. Various buyers found that the apartments were not habitable at all and the infrastructure such as roads, water supply, sewerage, storm water drain, fire fighting system, electricity were not constructed or made functional. Some of the buyers therefore filed Civil Writ Petition No. 25054 of 2014 in the High Court of Punjab and Haryana which was disposed of by the High Court directing said petitioners to make appropriate representation to the competent authority. It further appears that thereafter detailed representations were made and an order came to be passed by the concerned directorate which was then challenged by certain allottees by filing Civil Writ Petition No. 26358 of 2016. 3. At this stage 19 such allottees came together and filed a joint complaint being Consumer Case No. 250 of 2013 on 06.08....
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....emand letters to customers of some of the units demanding new PLC under filmsy grounds. Direct the Respondent No. 1 to refund with 36% interest the PLC money claimed from all those consumer/Complainants whose flats have ceased to remain Green Facing/falling under PLC of Green facing. 5. Direct the Respondent No. 1 to refrain from raising illegal demands of the additional electricity charges, and to immediately withdraw their demand letters to customers of some of the units demanding the additional electricity charges under flimsy grounds. 6. Direct the Respondent No. 1 to refrain from raising illegal demands of the electricity charges, as the said demand and the affixation of the electricity charges is unilateral, and any such charges towards the electricity are payable when the possession is given, and for an amount, which is determined in consultation with the buyers. 7. Direct the Respondent No. 1 to refrain from raising illegal demands of the Maintenance Charges, as the said charges are payable when the possession is given to the buyers after completing the flat in all respect. 8. Direct the Respondent No. 1 to pay penalty for the mental haras....
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....n 12(1)(c) of the Consumer Protection Act being to facilitate the decision of a consumer dispute in which a large number of consumers are interested, without recourse to each of them filing an individual complaint, it is necessary that such a complaint is filed on behalf of or for the benefit of all the persons having such a community of interest. A complaint on behalf of only some of them therefore will not be maintainable. If for instance, 100 flat buyers/plot buyers in a project have a common grievance against the builder/Developer and a complaint under Section 12(1)(c) of the Consumer Protection Act is filed on behalf of or for the benefit of say 10 of them, the primary purpose behind permitting a class action will not be achieved, since the remaining 90 aggrieved persons will be compelled either to file individual complaints or to file complaints on behalf of or for the benefit of the different group of purchasers in the same project. This, in our view, could not have been the Legislative intent. The term 'persons so interested' and 'persons having the same interest' used in Section 12(1)(c) mean, the persons having a common grievance against the same service provider. The use....
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....s 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 consumer, his legal heir or representative; who or which makes a complaint; Section 12. Manner in which complaint shall be made - (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by- (a) The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b)Any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be proved is a member of such association or not; (c) One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or (d)The Central Government or the State Government, as the case may b....
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....the expression appearing in sub-clause (iv) which reads "one or more consumers whether there are numerous consumers having the same interest". This very expression finds incorporated in sub-clause (c) of Section 12(1) with an addition following said expression, namely "..... with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested". 12. Section 12(1) thus in its substantive part says that a complaint may be filed with the District Forum by any of the four categories as mentioned in sub-clauses 'a' to 'd'. Since sub-clause (c) contemplates filing of such complaint, "..... with the permission of the District Forum", we will have to see the context and in what manner such permission is required to be taken in terms of the provisions of the Act. The answer is available in Section 13(6) of the Act which inter alia lays down that where the complaint is referable to Section 2(1)(b)(iv), the provisions of Rule 8 of Order 1 of the First Schedule to the CPC, 1908 (Act 5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the Distri....