In Brief
A builder challenged a National Commission order permitting 91 purchasers of 51 apartments in a 1134-unit residential complex to file a class-action consumer complaint on behalf of all purchasers. The Court held that while a class action requires strict compliance with Section 35(1)(c) of the Consumer Protection Act, 2019 and Order I Rule 8, CPC—specifically, the requirement of 'sameness of interest'—the original complaint could not satisfy this standard. Delays varied by purchaser and block, some had accepted compensation while others had not, and neither all blocks nor their occupants were represented. However, the Court allowed the complaint to proceed as a joint complaint by only the 91 respondents themselves, permitting other interested purchasers to seek impleadment if their grievances aligned.
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