(Adarsh Kumar Goel and Rohinton Fali Nariman, JJ.)
Kartikeya Khanna and Others _______________________ Appellant(s);
v.
DLF Limited through its Chairman and MD and Others _____________________________________________ Respondent(s).
Civil Appeal No(s). 24/2018, decided on April 10, 2018
With
C.A. No. 111/2018
Civil Appeal No…… (Diary No. 13214/2018)
Civil Appeal No(s). 24/2018; C.A. No. 111/2018; and Civil Appeal No…… (Diary No. 13214/2018)
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties and perused the record.
2. Since the complaint filed by the appellants was only by nine persons jointly for their benefit, the same could not be treated to be in representative capacity. Accordingly, the impugned order1 is set aside.
3. Aggrieved parties are at liberty to file an appropriate fresh application under Section 12(1)(c) of the Consumer Protection Act, 1986 before the National Consumer Disputes Redressal Commission within two weeks from today. The same may be disposed of by the National Commission in accordance with law within three months from the date of filing of such an application.
4. Since we have not examined the merits of the matter, contentions of all the parties are left open before the National Commission.
5. The appeals are accordingly disposed of.
Civil Appeal arising out of Diary NO. 13214 of 2018 :
6. Taken on Board.
7. In view of order2 passed in C.A. NO. 24 of 2018, this appeal, filed by Begur OMR Homes Pvt. Ltd. (Formerly known as DLF Southern Home Pvt. Ltd.), is also disposed of.
———
1 Rasheed Ahmad Usmani v. DLF Ltd., Consumer Case No. 1055 of 2015, order dated 21-11-2017 (NCDRC)
2 Set out in paras 1 to #, above.
