VidhiSangh

Supreme Court of India · 17/12/2021

BRIGADE ENTERPRISES LIMITED versus ANIL KUMAR VIRMANI & ORS.

[2021] 13 S.C.R. 940 · 2021 INSC 918

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

Summary

The Court withdrew permission for apartment purchasers to pursue a representative consumer complaint for all buyers in the project because the pleadings and reliefs did not establish sameness of interest. Different blocks, periods of delay and responses to offered compensation mattered to that assessment. The complaint itself survived as a joint complaint for the named consumers’ own grievances. Other purchasers could seek joinder if their grievances matched those pleaded, and the intervenors were to be impleaded. The decision did not determine the builder’s liability or award delay compensation.

Issues

  1. Whether the pleadings established the common interest required to represent all apartment buyers.
  2. Whether refusal of representative permission required dismissal of the named consumers’ joint complaint.

Provisions considered

Held

Result

Appeal allowed; representative permission replaced by treatment as a joint complaint for named consumers, with qualified further joinder and impleadment of intervenors; no costs.

Judgment PDF: Supreme Court of India, [2021] 13 S.C.R. 940.