Who is to be made party in consumer complaint against a company?

[Anonymous]

If a consumer complaint is required to be filed against a company which is a public company but not listed, then against whom it should be filed? Against the company only? Or against Directors? Or against company and directors both? If the directors of company have changed since the defective goods were supplied, do I have to make the former directors of the company also as parties in the case who were in company at that time?

[Dr. Ashok Dhamija]

Since a company is a separate legal entity and is an independent legal person, it would be sufficient if you name the company as the opposite party in your consumer complaint. You may also name the company through its directors. But, there is no need to show the directors separately as opposite parties, since the complaint is against the company itself which is a separate legal person; in fact, if directors are separately shown as opposite parties (when that is not needed where the consumer complaint is only against the company) there is a possibility that the consumer court may delete the name(s) of such directors from the list of opposite parties in your consumer complaint.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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