It’s defined by The National Consumer Disputes Redressal Commission (NCDRC) only registered residents’ welfare associations (RWAs), consumer association or co-operative societies of apartment or land owners can file complaints against developers in the commission.
On Friday May, 5 Justice VK Jain as a president declared in his order that ‘voluntary consumer association’ in Section-12 of the Consumer Protection Act only allows recognized consumers’ association means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law in the interim in process. The fact that became transparent alongside is no Trust can file a case for one or above consumers or on behalf of a group. Supreme Court and NCDRC have already revealed that group of buyers having a prevalent interest or issue seeking the very same remedy against a related person can move to the court without any group or association to register complaint in NCDRC with a claim of 1 crore and above. In case the amount is less than a crore, then consumers need to file cases in the district forum or state commission.
An association should hold a legitimate identity; to work for the society welfare by means of which any process can be rationalized as well as pursuits can cut the red tape. Thus, buyers need to form an association and get it registered before approaching any court.
The order clearly stated that the key objectives of the association should be to go after, beget, develop, protect or promote in rights of the buyers pretty nearly. If a body is figured after deceiving financial gains and hardly performs any good for society benefit, it won’t qualify as a voluntary consumer association.
Speaking on this following order, West Bengal RERA expert Mahesh Somani said, “RERA is a government act and it has some legal bounds, which it never can make light of. Definitely RERA is here to protect buyers’ interest, but buyers should have namely registered association for seeking justice/ appeal before the courts as well.”
- Somani Realtors News Network