NDLI: Anjum Hussain & Ors. Vs. Intellicity Business Park Pvt. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act 12(1)(c) 1986 sameness of interest
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Consumer Protection Act, 1986 – 12(1)(c) – Appellant no.1 booked office space admeasuring about 440 sq.ft in a project consisting of residential units, shops and offices launched by the respondent-Builder – Buyer Agreement was executed – Respondent was to deliver possession of the office unit within four years – Similar such Agreements were entered into between the appellant nos.2 to 44 and the respondent in respect of various units from the same project – Respondent failed to honour its commitments of delivering possession in four years – Appellants 1 to 44 sought refund of the amounts paid by them to the respondent along with interest and compensation also filing application u/s.12(1)(c) of the Act – National Commission concluded that the case could not be accepted as class action and dismissed the same – On appeal, held: According to the National Commission, though all the appellants had common grievance that the respondent had not delivered possession of the respective units booked by them and thus the respondent was deficient in rendering service, but it was not shown how many of the allottees had booked the shops/commercial units solely for the purchase of earning their livelihood by way of self-employment – In Chairman, Tamil Nadu Housing Board, Madras vs. T. N. Ganapathy it was held by Supreme Court that the provision must receive an interpretation which would subserve the object for its enactment – What is required is sameness of interest – It in this light that the Full Bench of the National Commission in Ambrish Shukla held that oneness of the interest is akin to a common grievance against the same person – National Commission in the instant case, completely lost sight of the principles so clearly laid down in the said decisions – Approach in the instant case was totally erroneous – Application preferred by the appellants u/s.12(1)(c) of the Act is maintainable – Case of the appellants restored to the file of the National Commission and be proceeded with in accordance with law – Code of Civil Procedure, 1908 – Or.I, r. 8.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 673
Petitioner	Anjum Hussain & Ors.
Respondent	Intellicity Business Park Pvt. Ltd. & Ors.
SCR	[2019] 7 S.C.R. 1036
Judgement Date	2019-05-10
Case Number	1676

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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Anjum Hussain & Ors. Vs. Intellicity Business Park Pvt. Ltd. & Ors.

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