Hon’ble Mr. Ajeya Matilal, Presiding Member

          Complainant, OP nos. 1, 2 & 4 are present through their Ld. Advocates.

          Today is fixed for hearing of IA/71/2023 filed by OP nos. 1 & 2 is taken up for hearing.

          In the instant IA, the OP nos. 1 & 2 challenged the maintainability of the case because it is hit under Section 12 (1) (c) of the C.P Act, 1986.

          Head the submission of the Ld. Advocate for both sides.

          Considered.

          It appears from paragraph 4 of the instant petition that some common interest of different consumer has been reflected in the petition of complaint and the complainant filed the instant complaint for his own remedies without invoking section 12(1) (c) of Consumer Protection Act,. 1986. The complainant has filed W.O against the aforesaid IA.

          The Ld. Advocate for the complainant submitted that by virtue of the agreement for sale he also purchased some undivided share. He further submitted that this Commission vide order no. 18 dt. 05.01.2023 in CC/192/2018 rejected the application under section 12 (1) (c) of the OP on the ground that the aforesaid provision was not a penal one it was a remedial one.

          The Ld. Advocate for the complainant submitted that it is a statutory mandate that leave of the court under Section 12 (1) (c) should be taken by the complainant so that the interested parties should be represented in this context. The Ld. Advocate for the OPs referred to a decision of Hon’ble Supreme Court reported in 2016 SCC Online NCDRC 1117 : (2017) 1 CPJ 1 (NC) and another decision reported in (2019) 1 Supreme Court Cases (Civ) 729.

          It appears from page 734 paragraph 9 of the second decision referred that the Hon’ble Supreme Court observed “ It was observed that since there was no application under Section 12(1)(c) of the Act, in view of the decision rendered by the larger Bench of the National Commission in Ambrish Kumar, the compliant in the instant case was not maintainable.”

          So, in view of the above observation, we are of the view that the instant complaint case is not maintainable.

          Accordingly, IA/71/2023 is allowed.

          Thus, CC/810/2018 is dismissed. There shall be no order as to the costs.