Class action lawsuit

1. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Class Action Lawsuit

2. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Definition
• A class or collective action is defined as a lawsuit on which a
single person or a small group of individuals represent the
interests of a larger group before the court.
• It is considered as a procedural instrument which enables
one or more claimants to file a claim and pursue litigation
on behalf of a larger group, class or entities with common
rights and grievances.
• The most commonly sought justice through class actions are
for cases regarding pharmaceutical drugs, motor vehicles,
consumer products and medical devices and through other
conducts such as consumer fraud, misconduct, securities
fraud etc.
• Example: Johnson & Johnson 2018 case.

3. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Characteristic of a class action
lawsuit.
• Numerosity: The claims need to be similar, though not
identical, and hence it is more practical for one lawsuit to
resolve them than numerous lawsuits.
• Similar facts or questions of law: the claims should be
similar in nature i.e.; they should involve similar sets of
facts or be asking the court to resolve similar questions of
law . This would help in handling the claims in an easy
manner. This concept is generally referred to as
commonality.
• Adequacy: certain plaintiffs are referred to as class
representatives. It is the duty of these representatives to
make sure that the interests of the entire class members
are represented in a fair manner.

4. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Advantages of class action lawsuit
• The class action suit brings together thousands of claims at
one time that are impractical to bring together and deal
individually making the process much more accurate and
efficient .
• If the defendant wins, the class lawsuit is dismissed and the
individuals in the plaintiff group are refrained from filing a
new or individual lawsuit regarding the same subject matter
against the same defendant
• If the plaintiff wins, the court finds the defendant liable for
the injuries of plaintiff then the defendant has to pay
damages regarding the same and the amount is divided
among the plaintiffs.

5. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• lower cost to litigate: the cost to litigate the claims will be
spread across many plaintiffs and hence it would be more
affordable to litigate the case. Mostly, class actions are
handled on a contingency fee basis i.e.; the plaintiffs do not
pay for legal fees unless they win the case.
• Opportunity to litigate: even if each individual claim is not for
that much money, a class action lawsuit allows plaintiffs to
pursue a worthy cause . For example: a telecommunications
company maybe adding hidden fees to consumer bills in such
a case it may not be worth thousands of dollars in legal fees
for one plaintiff to pursue a claim for a few hundred dollars ,
in these sort of situations a class action allows litigants to
seek justice.

6. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Higher likelihood of the financial recovery: one of the
main advantage of a class action suit is that a judgement
against the defendant may mean that the plaintiff will
certainly receive the money awarded as compensation.
Hence, it makes sure that the damages are equally
distributed amongst the plaintiffs.
• Most experienced legal representation: class action suits
normally involves so much of procedures and hence requires
an experienced lawyer’s assistance who have gone through
similar kind of cases in past.
• Greater efficiency: it helps in a better working of judicial
system as the case is determined by one judge thereby
ruling out the possibility of inconsistent verdicts.

7. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Class action lawsuit under Indian
context
• Class action is not considered as a popular civil remedy in India.
In writ jurisdiction representative action is brought into the
public interest via a PIL (under Art. 32 & 226) and it has gained
much popularity.
• The filing of representative actions is recognised under Order 1,
Rule 8 of CPC, 1908. under this rule, an individual or group of
individuals can file an action for the benefit of all persons
interested in the subject matter of litigation.
This concept of collective action has seen a major
development in 2015 in Nestle India Pvt. Ltd case

8. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• On 2013, the concept of collective actions has been
introduced in section 245 of the Companies Act, 2013
which deals with the concept of specialised class actions by
shareholders and depositors of a company.
The Satyam scam, 2009 has played an important
role in the introduction of Sec. 245.
• Under Art. 32 and 226 of the constitution of India, 1950
which deals with the writ jurisdiction have included a new
branch called public interest litigation or social interest
litigations. They are generally initiated by the court suo
moto or by public spirited individuals. Bandhua Mukti
Morcha v. Union of India & ors AIR 1984 SC 802 and
Bhopal Gas tragedy.

9. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Class Action Judgements
• In a class action, the decision of court is applied to all
individuals who are in the class.
• All individuals who fit within the court’s definition of a class
member is bound by the final decision of the court.
• With the help of the parties involved and their attorneys, a
plan of distribution is developed by the judge regarding the
distribution of the amount awarded. Each member receives
a certain percentage of the total amount.
• When the parties in a class action lawsuit decide to settle,
the presiding officer has to make necessary arrangement for
the settlement making sure it is fair to all the parties
involved.

10. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion
• A benefit of the class action format is its efficiency. The class
action lawsuit brings together and disposes of thousands of
claims of similar nature at a time, which in normal scenario is
impractical to resolve individually and it seeks to ensure that
all injured plaintiffs receive something.
• It makes it easier for the claimants to bring collective actions
for breach of law, share and minimize legal fees and thereby
gets mutually benefited from a successful result or
settlement.
• It may be concluded that class action suits are an excellent
platform to individuals who got a claim against a common
defendant against a common cause and thereby making sure
that justice has been served properly to all.