VIKRANT SINGH MALIK AND ORS. Vs. SUPERTECH LIMITED AND ORS.
LAWS(SC)-2020-8-51
SUPREME COURT OF INDIA
Decided on August 27,2020

Vikrant Singh Malik And Ors. Appellant
VERSUS
Supertech Limited And Ors. Respondents




JUDGEMENT

DHANANJAYA Y.CHANDRACHUD,J. - (1.)This appeal arises from a judgment and order of the National Consumer Disputes Redressal Commission ("NCDRC") dated 19 February 2016. Declining permission to the complainants to file a composite complaint under the provisions of Section 12(1)(c) of the Consumer Protection Act, 1986 ("Act"), the NCDRC dismissed the consumer complaint (Consumer Complaint No. 1290 of 2015) which was filed before it by twenty-six flat buyers, on the ground that:
"13. ....there is nothing common between the aforesaid complainants, so no permission can be granted to the above complainants to file one complaint in view of Section 12(1)(c) of the Act."

However, the complainants were granted the liberty to institute individual complaints before the appropriate forum.

(2.)The complaint before the NCDRC was instituted by twenty-six flat buyers, who had booked flats in a residential project (named "Oxford Square?) of the first respondent at Sector GH-06, 16B, Greater Noida, Uttar Pradesh (also known as "Noida Extension"). The following reliefs were sought in the complaint:
"a) Direct the Opposite Party No.1 to withdraw its offer of possession which has been made in absence of a valid Occupancy Certificate/Completion Certificate and to offer the possession after obtaining a proper occupancy/completion certificate within a fixed time;

b) Withdraw demand raised and refund if already paid, money which has been demanded/collected in the name of sale of open as well as covered car parking charges as no covered car parking has been created/built by the Opposite Party No.1 in the said project and the sale of open car parking slots are illegal, for each of the complainants, as per the claim sheet;

c) Direct the Opposite Party No.1 to charge/refund money under various heads as per the actual super area declared under the sanctioned building plans by Opposite Party No.1 to the appropriate authorities;

d) Direct the Opposite Party No.1 to withdraw cost escalation charges as captured in the demands raised with the Offer of Possession letters of various complainants;

e) Direct the Opposite Party No.1 to withdraw demand raised under the head "Farmer's compensation charges";

f) Direct the Opposite Party No.1 to withdraw/refund any demand raised/collected in the name of club charges as no club has been constructed in this society, individually for all the complainants as per the claim sheet;

g) Direct the Opposite Party No.1 to withdraw the interest levied on all the complainants now at the stage of final payments while making an offer of possession;

h) Direct Opposite Party No.2 to cancel/withdraw the licence granted to the Opposite Party No.1 and takeover the project and further complete the said project and handover the possession of the flats/floors to the complainants;

i) Direct the Opposite Party No.1 to withdraw the demand raised in the name of Labour Welfare charges from all the complainants;

j) Direct the Opposite Party No.1 to withdraw the demand raised in the name of water connection charges and further not to take any undertaking for levy of any charges under this head at a later date;

k) Direct Opposite Party No.1 to withdraw the demand on account of EDC charges/refund the amount collected in the name of EDC charges as no such charges have been levied by the appropriate authorities;

l) Direct the Opposite Party No.1 to charge and collect maintenance charges from all the complainants only upon delivery of possession of their respective flats with proper occupancy certificate(s) in place and after execution of a maintenance agreement in this regard;

m) Direct the Opposite Party No.1 to pay delayed possession penalty on a monthly basis with effect from the date the possession was to be delivered individually to all the complainants, till such time the possession is actually delivered to the complainants with proper occupancy certificate(s) in place;

n) Direct the Opposite Party No.1 to pay a Compensation of Rs.4,00,30,070/- (Rupees Four Crores Thirty Thousand and Seventy only) to the Complainants, as per the claim sheet;"

(3.)An application I.A. No. 7574 of 2015 under Section 12(1)(c) read with Section 2(1)(b)(iv) of the Act was filed on behalf of the complainants to enable them to pursue the complaint jointly. The title of the application is reproduced below:
"APPLICATION ON BEHALF OF THE COMPLAINANTS U/S 12(1) (c) READ WITH 2(l)(b)(IV) OF THE CONSUMER PROTECTION ACT, 1986, SEEKING LEAVE OF THIS HON'BLE COMMISSION TO INSTITUTE THE PRESENT COMPLAINT JOINTLY"

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