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Supreme Court of India 2018-12-07 disposed

Rameshwar Prasad Shrivastava and Ors vs Dwarkadhis Projects Pvt. Ltd. and Ors

Bench: 2 — Uday Umesh Lalit

In Brief

Buyers of apartments in a real estate project ("Aravali Heights") sued for delayed possession and defective infrastructure. Some buyers filed a complaint in the National Consumer Disputes Redressal Commission on behalf of themselves and others. The Supreme Court held that a complaint under Section 12(1)(c) of the Consumer Protection Act 1986 must be filed on behalf of ALL consumers with a common grievance, not just some of them. The complaint must comply with Order I Rule 8 CPC procedures. The Court upheld the National Commission's decision dismissing the complaint as not maintainable but allowed the buyers to approach the State Commission with their existing pleadings and evidence.

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Consumer Protection Class Action Procedural Law Civil Procedure Consumer Disputes

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