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Supreme Court of India 2021-12-17 partly_allowed

Brigade Enterprises Limited vs Anil Kumar Virmani & Ors

Bench: 2 — V. Ramasubramanian

In Brief

Brigade Enterprises Limited, a developer, challenged the National Consumer Disputes Redressal Commission's order permitting 91 purchasers of 51 apartments in a 1134-unit complex to file a class action complaint on behalf of all residents. The Supreme Court held that while the application for representational status failed due to lack of "sameness of interest" (as some purchasers had not joined, sought separate forums, or responded differently to compensation offers), the multiple consumers could still jointly file a complaint under general provisions. The Court allowed the appeal partly, reclassifying the complaint as a joint complaint binding only the named complainants, while permitting other interested residents to implead themselves if their grievances aligned.

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Consumer Protection Class Action Civil Procedure Consumer Disputes Representative Proceedings

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