G B THAPA Vs. TAJENDRA PAL SINGH GULIANI

JUDGEMENT

(1.) THIS appeal under Sec.15 of the Consumer Protection Act, 1986 (for short "cp Act") is by a group of consumers who had filed a joint complaint which has been dismissed by the Forum below with liberty to the appellants to file separate complaints in respect of their individual grievances, vide order dated 3.1.2003 in Case No.181/2001.

(2.) THE appellants are 14 in number who have purchased one flat each in a multi -storeyed complex constructed by respondent No.2 - M/s. Competent Builders and Developers respondent No.1 Tajendra Pal Singh being their partner. The appellants filed joint complaint before the Forum below alleging more or less similar defects in their individual flats as also in respect of certain services of common use in the complex. During the hearing of the complaint, an application was made under Sec.12 (1) (c) and Sec.13 (6) of the C. P. Act read with Order 1 Rule 8 of the Code of Civil Procedure, 1908 for permission to file and prosectue the complaint in representative capacity.

(3.) THE Forum below vide impugned order has not only dismissed the application but also the complaint with liberty to the appellants to file separae complaints in respect of their individual grievances.