VidhiSangh

Supreme Court of India · 10/05/2019

ANJUM HUSSAIN & ORS. versus INTELLICITY BUSINESS PARK PVT. LTD. & ORS.

[2019] 7 S.C.R. 1036 · 2019 INSC 673

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Summary

The representative consumer complaint concerning delayed delivery of commercial units was wrongly rejected at the threshold. Common grievance and community of interest, rather than identical individual causes of action, governed the class-action inquiry. The National Commission’s approach requiring the complainants to establish the purpose of every other allottee’s purchase overlooked those principles. The Section 12(1)(c) application was held maintainable and the complaint restored for further proceedings.

Issues

  1. What sameness of interest was required for a representative consumer complaint.
  2. Whether the stated ground justified dismissing this complaint at inception.

Provisions considered

Held

Result

Appeal allowed. National Commission’s dismissal set aside, Section 12(1)(c) application held maintainable, and Consumer Case 2241/2018 restored to proceed in accordance with law. No costs.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 1036.