Lawstreet Journal

'Permission Of The Appropriate Consumer Forum Is Required For Filing A Complaint On Behalf Of Numerous Consumers': Supreme Court

Lawstreet Journal 20 Sep 2021 6:01pm

Image courtesy: Lawstreet Journal Judiciary 'Permission Of The Appropriate Consumer Forum Is Required For Filing A Complaint On Behalf Of Numerous Consumers': Supreme Court

The Supreme Court has recently held that the consumer forum under whose jurisdiction the case falls has to provide permission to one or two consumers, having the same interest to file a consumer complaint. 

BACKGROUND

In the case of  Yogesh Aggarwal v. Aneja Consultancy, the  National Consumer Dispute Resolution Commission ( NDRC) had entertained a complaint filed by the Investor Forum Aneja Group. 

CONTENTIONS OF THE APPELLANT

The appellant held that the commission, as per Section 2(1) (b) of the  Consumer Protection Act, 1986, could not have been entertained by the  National Consumer Dispute Resolution Commission( NDRC).

The section defines the word “complainant” as a consumer, 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 the Central Government or any State Government; or one or more consumers, where there are numerous consumers having the same interest; or  in case of death of a consumer, his legal heir or representative;] who or which makes a complaint. 

Since the respondent does not fall under any of the criteria, therefore, the appeal is not maintainable. 

CONTENTIONS OF THE RESPONDENT

The respondent contended that the appeal was maintainable as it falls under the sub-section (iv) of Section 2(1)(b) of the Consumer Protection Act, which states that the complainant is defined as one or more consumers, where there are numerous consumers having the same interest. 

Therefore, the appeal is maintainable. 

JUDGEMENT OF THE COURT 

The bench of the Court consisting of Justices Hemant Gupta and… Continue Reading...


Tagged: NCDRC   Consumer Forum  
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