(1.) Challenge in this Appeal by the Complainants is to the order dated 26.4.2017 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short "the State Commission") in Complaint No. CC/59/11. By the said order, the State Commission has declined the prayer made on behalf of the Complainants to treat the Complaint as a class action Complaint, as envisioned under Section 12(1)(c) of the Consumer Protection Act, 1986 (for short "the Act"). While rejecting the prayer, the State Commission has observed as follows :
(2.) Having addressed the Bench for a while, Mr.Ghosh, learned Counsel appearing for the Complainants submits that the Complainants would be satisfied if they are permitted to file individual Complaints without being non-suited on the plea of res judicata or on the ground of limitation.
(3.) Having regard to the fact that in so far as this Commission is concerned, the scope and purport of Section 12(1)(c) of the Act was clearly explained recently by a larger Bench of this Commission in Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., 2017 1 CPJ 1, I am of the opinion that the prayer made on behalf of the Complainants is bonafide and deserves to be accepted.