VidhiSangh

Supreme Court of India · 07/12/2018

RAMESHWAR PRASAD SHRIVASTAVA AND ORS. versus DWARKADHIS PROJECTS PVT. LTD. AND ORS.

[2018] 14 S.C.R. 1118 · 2018 INSC 1167

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld non-maintainability of collective consumer complaints brought without the representative-action requirements of the 1986 Act and Order I Rule 8 CPC. Permission and procedure formed one statutory mechanism, which could not be bypassed to aggregate claims before a higher pecuniary forum. Given the lengthy proceedings already completed, the complainants could approach the State Commission using the existing pleadings and evidence.

Issues

  1. Whether collective complaints under section 12(1)(c) could proceed without compliance with section 13(6) and Order I Rule 8 CPC.
  2. What procedural protection should accompany the dismissal after years of pleadings and evidence.

Provisions considered

Held

Result

Appeals disposed of without costs; non-maintainability upheld, with liberty to approach the concerned State Commission on the existing pleadings and evidence from the stage already reached.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1118.