Class action complaints can be filed for benefit of all consumers

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In Ambrish Kumar Shukla & 21 Ors v Ferrous Infrastructure Pvt Ltd, the full bench of the National Consumer Disputes Redressal Commission (NCDRC) recently held that a complaint under section 12(1)(c) of the Consumer Protection Act, 1986, is maintainable only if there are numerous consumers who have the same interest, the permission of the consumer forum, and notice is given in terms of rule 8(2) of order I of the Code of the Civil Procedure. Holding that it is not necessary that the cause of action of all consumers is the same, the NCDRC said “what is required is sameness of the interest and not the same cause of action”.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at [email protected] or [email protected] Readers should not act on the basis of this information without seeking professional legal advice.