The present Complaint has been filed by Mr. Sanjay Kumar Rajdev, seeking permission to file the Complaint in a representative capacity under Section 12(1)(c) of the Consumer Protection Act, 1986. In view of the law laid down by the Hon’ble Supreme Court in Brigade Enterprises Ltd. Vs. Anil Kr. Virmani & Ors. (Civil Appeal No. 1779 of 2021), decided on 17.12.2021, a Complaint under Section 12(1)(c) of the Consumer Protection Act, 1986 is not maintainable in a representative capacity where the Complainant has been allotted only one Apartment in one of the Towers in the Project, out of many Towers in that Project. Faced with the situation, Ms. Priyanjali Singh, learned Counsel for the Complainant, sought permission to withdraw the Complaint, with liberty to approach the Appropriate Forum under the provisions of the Consumer Protection Act, 2019, which has come into force w.e.f. 20/24.07.2020, in accordance with law as the pecuniary jurisdiction has been fixed differently from one stipulated under the Consumer Protection Act, 1986 and now it is the value of goods or services paid as consideration and not the value of the goods or services and compensation claimed. Permission is granted. The Complaint is dismissed as withdrawn, with liberty given to the Complainant to approach the Appropriate Forum in accordance with law. |
