Summary
A recognised consumer association may bring a composite complaint for several consumers with similar grievances; Section 12(1)(b) of the Consumer Protection Act, 1986 does not confine it to one consumer per complaint. The Supreme Court set aside dismissal of a welfare society’s complaints for groups of flat allottees and remitted them for decision on the merits, without deciding their entitlement to possession, refund or compensation.
Issues
- Whether a recognised consumer association could file one complaint on behalf of several consumers with similar grievances.
Held
- Section 12(1)(b), read with the Explanation to Section 12, permits a voluntary registered association to espouse its members’ grievances and contains no restriction to an individual consumer. Requiring multiple complaints for similar causes would defeat the association’s purpose and multiply proceedings. (¶¶ 7, 8)
- The conclusion concerned maintainability alone. The Commission remained free to decide the substantive grievances independently on their merits. (¶ 9)
Result
Appeals allowed; the orders dismissing Consumer Complaints 1196 and 1197 of 2016 and the associated review applications set aside. Complaints remitted to the National Commission for consideration on merits and appropriate orders.