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Class action: Sameness of interest is a given

The builder contended there was no sameness of interest: some buyers had accepted compensation, others had protested and accepted, and yet others had refused it outright

Real Estate, Realty sector, Construction, Realty
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Jehangir B Gai

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An interesting case came up before the National Commission recently. Several representative or class action complaints had been filed by different flat purchasers against various builders for deficiency in service and unfair trade practices. A representative complaint is filed on behalf of unidentified consumers, all of whom are similarly situated. The order passed is also applicable to all even though they are not a party to the litigation.

The issue before the National Commission was whether such complaints are maintainable. The matter was referred to a larger bench of three members comprising Justice R.K. Agrawal, president of the National Commission, and
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First Published: May 28 2023 | 10:16 PM IST

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