SUDHANSHU JAYASWAL Vs. M/S. RPS INFRASTRUCTURE LTD.

JUDGEMENT

(1.) The instant complaint has been filed by 16 complainants who have agreed to purchase the flats from the opposite party/developer by booking specific flats out of whom 8-16 persons who have agreed to repurchase the flats/units from the original buyers of the opposite party by paying the consideration. The complaint has been filed on the allegation of various deficiencies allegedly committed by the opposite party. The prayer clause of the complainant reads as under:

(2.) As the complaint has been filed by more than one consumer allegedly having similar interest, an application under section 12 (1) (c) being IA No. 5694 of 2016, seeking permission to pursue the joint complaint has been filed.

(3.) We have heard the learned counsel for the parties. Counsel for the complainants have submitted that this is a fit case for grant of permission under section 12 (1) (c), because, a perusal of prayer clause would show that all the 16 complainants are having same interest in the outcome of the complaint. It is argued that if permission is granted, the other consumers so interested in the outcome of this complaint can only be served by issuing publication.