SOBHA HIBISCUS CONDOMINIUM Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This civil appeal under Section 23 of the Consumer Protection Act, 1986 (for short, 'the Act'), is filed by the complainant, aggrieved by the order dated 13.05.2015, passed by the National Consumer Disputes Redressal Commission (NCDRC), New Delhi in Consumer Complaint No.153 of 2010, rejecting the complaint filed by the appellant on the ground that, the appellant-Condominium has no locus standi to file the complaint since neither it is a 'consumer' nor it is a 'recognised consumer association' within the meaning of Section 12 of the Act.

(2.) The appellant/complainant is a statutory body under provisions of the Karnataka Apartment Ownership Act, 1972 (for short, '1972 Act'). It consists of members, who are the owners of the apartments in a multi- storey building, namely, "Sobha Hibiscus" situated in Amballipur Village, Varthur Hobli, of South Bangalore Taluk in Karnataka. The appellant- Condominium has come into existence pursuant to a declaration made by the opposite party under the provisions of 1972 Act. When the appellant has filed complaint claiming certain reliefs before the NCDRC, the same is resisted by the opposite party, by taking a preliminary objection that the complainant is not a 'consumer' within the meaning of the Act, therefore, has no locus standi to file the complaint. The NCDRC, by referring to relevant provisions of the Act, has recorded a finding that the complainant is not a 'recognised consumer association' within the meaning of Section 12(1)(b) of the Act.

(3.) We have heard Sri Rajesh Mahale, learned counsel appearing for the appellant and Sri Basava Prabhu S. Patil, learned senior counsel appearing for the respondent-opposite parties.