Related law to Class Action & Join action Theory

 

Law laid down for “Class Action” character as a consumer Complaint thus stands as hereunder-

1.      There should be an element of sameness of the interest and with common interest of all the consumer joining together.

2.      The complaint should be represented by one leading case for protection of interest& benefit of all the consumers

3.      Factually different cost,size ,booking date and price variation will not affect the character of “class action” against the same party with the same objective held Supreme Court.

4.      The content of the complaint must also not be a single party centric it should speak for all the consumers.

 

·         Sec 2(v) ‘complainant’ one or more consumers, where there are numerous consumers having the same interest

·         35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by-

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested;

·         Sec 18 (1) (a)

Central Consumer Protection Authority (“Central Authority“) under Section 18 (1) (a) to “protect, promote and enforce the rights of consumers as a class”

 

Law laid down for Joint Complaint:

1.      There is an element of sameness of the interest and with common interest; complainants could file a joint complaint.

2.      No element of representation by one leading case is required, all fight for their own case.

SC Judgment Vikrant Singh Malik & 25 Ors.Versus Supertech Limited & 2 Ors (Through its M.D.)Consumer Case No. 1290 OF 2015

Decided on 24 august 2020(SC)

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