1. DELAY of 34 days in filing revision petition is condoned.
2. THIS revision is directed against the order dated 28.11.2002 of Consumer Disputes Redressal Commission, Haryana, Chandigarh dismissing appeal against the order dated 16.10.2002 of a District Forum whereby complaint was ordered to be returned to the petitioners/complainants for being filed individually :
We have heard Mr. Anil Mittal for petitioner. Despite service of notice, none was present for respondents.
3. IN Section 2(b) of Consumer Protection Act, 1986 (for short the Act), the word ''complainant'' has been defined thus :
"Complainant means - (i) a consumer, or (ii) any voluntary consumer association registered under the Companies Act, 1956; or under any other law for the time being in force; or (iii) the Central Government or any State Government, who or which makes a complaint; (iv) one or more consumers, where there are numerous consumers having the same interest; (v) in case of death of a consumer - his legal heir or representative who or which makes a complaint."
4. OMITTING immaterial portion, Section 12 of the Act prescribing manner in which complaint is to be made, provides thus, - Manner in which complaint shall be made -
(1) A complaint in relation to any goods sold or delivered or likely to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by � (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to the provided is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, for the benefit of, all consumers so interested; or (d) the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of consumers in general.
"Explanation. - For purposes of this section, ''recognized consumer association means any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force."
Complaint (copy at pp. 16-20) would show that it was filed claiming certain reliefs by Amrit Lai Bansal. The Ambala Urban Estate Welfare Society (Regd.) and other 180 allottees. It was alleged that petitioners other than No. 2-Society are the allottees of plots in Sector 7, Ambala City and they have a common cause against charging of compound interest on instalments towards the price of plots illegally by the respondents. Residents of Sector 7 including the petitioners have formed a voluntary consumer association, namely, petitioner No. 2/complainant No. 2 to look after the interest of allottees. Along with complaint, application seeking permission of District Forum to allow the petitioners to proceed with complaint on behalf of the allottees of plots in said Sector. 7 (copy at pp. 21-22) was also filed. Considering the averments made in complaint about there being a common cause of all the allottees of plots in said Sector 7 against charging of compound interest on instalments illegally by the respondents, prayer made in said application and the provisions noticed above, the complaint was maintainable at the instance of petitioner No. 1 and petitioner No. 2-Association separately. Thus, the aforesaid order passed by District Forum which was upheld by State Commission ordering return of complaint for being filed individually by the allottees, cannot be legally sustained and deserves to be set aside.
5. CONSEQUENTLY , while allowing revision, the impugned order is set aside and case remanded to District Forum, Ambala for complaint being decided on merits. No order as to costs.
6. PARTIES are directed to said Forum for direction on appear before 7.11.2003.
