Supreme Court Affirms the Right of Multiple Consumers to File Joint Complaints under Consumer Protection Act
On May 15, 2023, In a significant judgment, the Supreme Court upheld the rights of multiple consumers to join together and file joint complaints under the Consumer Protection Act. The ruling, delivered by a bench comprising Justice J.K. Maheshwari and Justice M.M. Sundresh, clarified the provisions relating to the filing of complaints by consumers and their representatives.
Court referred to earlier decisions, including the case of Brigade Enterprises Ltd. v. Anil Kumar Virmani (2022) 4 SCC 138, which emphasized that a joint complaint can be filed by a few consumers with the same interest, even if it is not on behalf of or for the benefit of numerous consumers. The court rejected the argument that the use of the term “a consumer” in Section 2(5)(i) excludes more than one person, pointing out that Section 2(5)(vi) recognizes the rights of legal heirs or legal representatives in case of a consumer’s death.
The court further held that the word “consumer” in singular form, as used in the Consumer Protection Act, should also be understood to include the plural form. It emphasized that the Act allows for joint complaints and does not prohibit consumers with a common interest from joining together to file a single complaint. The court also noted that the provisions of the Consumer Protection Act are in addition to and not in derogation of the provisions of any other law, including the Code of Civil Procedure.
Supreme Court set aside the impugned orders and allowed the appeals, directing the National Commission to hear the matters on merits expeditiously.
Date of Decision: May 15th, 2023
Alpha G184 Owners Association vs Magnum International Trading Company Pvt. Ltd.
