No. 4/09.09.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Prabir Basu, the Ld. Advocate and Respondent through Mr. H. Bramhachari, the Ld. Advocate are present.  Heard Mr. Prabir Basu, the Ld. Advocate who has challenged the majority view passed by the Ld. President and Ld. Member of the Forum and referred to the contrary view taken by the Ld. Lady Member.  It appears that maintainability of the complaint has been held against the Complainant by the majority view holding that as the subject matter consists of two different flats and two separate Deeds of Conveyance have been proposed, joint complaint is not maintainable.  Mr. Basu referred to Section 2(b)(iv) of the Consumer Protection Act for the purpose of contending that both the Complainants having same interest, should be allowed to maintain one complaint.  We have considered the facts and it appears that this is not a case of two separate Written Agreements and it appears also from the record that it was a case in which Agreement was by correspondences and initial payment was made jointly by the two consumers for different two flats, one having car parking space and other having no such facility.  In that view of the matter we are of the opinion that the two consumers here having the same interest have filed one complaint and, therefore, on the said view we set aside the majority view taken in the Forum below and we hold that the complaint is maintainable.  We make it clear that we have not decided any of the contention on merit.  As the matter is being remanded back we feel that the O.P. also should be granted opportunity to contest in accordance with law.

With the above view the appeal is allowed and the Forum below is requested to dispose of the matter in accordance with law and also the observation made hereinabove.