A consumer association can file single complaint on behalf of several consumers; SC.

Supreme Court of India 

Justice R SUBHASH REDDY & Justice MOHAN M. SHANTANAGOUDAR]

It was held by the SC {Subhechha Welfare Society v. Earth Infrastructure Pvt. Ltd. } that the finding of the NCDRC that recognised consumer association can file complaint on behalf of a single consumer, but cannot file complaint on behalf of several consumers in one complaint, is erroneous and there is no legal basis for that.

It was held that from a reading of Section 12(1)(b) of the Act read with Explanation to Section 12 it is clear that voluntary registered association can file a complaint on behalf of its members to espouse their grievances. There is nothing in the aforesaid provision of the Act which would restrict its application to the complaint pertaining to an individual complainant. Further held, if a recognised consumer association is made to file multiple complaints in respect of several consumers having a similar cause of action, that would defeat the very purpose of registration of a society or association and it would result only in multiplicity of proceedings without serving any useful purpose. Accordingly, the appeal was allowed and the complaint was held to be maintainable.

In the present case, the complaints filed by the appellant-complainant was dismissed vide impugned order dated 06.12.2016 on the ground that recognised consumer association can file complaint on behalf of single consumer only, but cannot file complaint on behalf of several consumers in one complaint as done in present case.