When not to go for consumer case?

So, the builder has made a mockery of your property purchase through corrupt practices by delaying it beyond limits, providing poor quality, harassment through other means etc.
It is time to go to consumer court against the injustice and for seeking the rightful compensation.
But, there are few fine prints of consumer cases that you must consider:

-Have you bought this property for investment?
-Do you own more their one property?
-Have you been aggressively into property sale and purchase?

If any of the above is true, there is every possibility that your submission as complainant in front of consumer court will be rejected.

By definition, consumer implies an end user who does not obtain such goods/products for resale or for any commercial purpose.
The court believes that such a complainant does not amount to consumer and can not considered as one and hence dismisses the case.
Below are some judgments in this regards. Most of these examples apply to resale consumers but the gist is the same:

http://164.100.72.12/ncdrcrep/judgement/00150129101741544rp238611.htm
http://164.100.72.12/ncdrcrep/judgement/00140513113113378CC11714.htm
http://164.100.72.12/ncdrcrep/judgement/00131119122427687CC35612.htm
http://164.100.72.12/ncdrcrep/judgement/00131010122811396CC%2015912.htm
http://164.100.72.12/ncdrcrep/judgement/0012100111205542CC25012.htm
http://164.100.72.12/ncdrcrep/judgement/00120801161619451FA4424432006.htm

Hence, buyers should ensure they do not put money into a consumer case without taking the above into consideration.
Such buyers would then have to rely on civil or criminal court for justice.

Hope it helps.

 

Update: All case documents have been moved to new system at http://cms.nic.in/ncdrcusersWeb/search.do?method=loadSearchPub
We shall update the links shortly.

Comments/Feedback invited.

Last updated: July 4, 2016 at 13:22 pm

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[…] of builder are pertaining to flats/houses bought for investment and not for end use. As discussed previously, such cases do not fit into consumer court purview and are generally rejected. Rest of the […]

Maneesh Tevatia
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Maneesh Tevatia

Time to file a case against consumer courts
Am I not a consumer when I buy products such as mutual funds, fixed deposits, insurance policies etc for investment. Then why not real estate is not an end use investment option for consumer courts.

Vishal
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Vishal

Don’t agree! A consumer becomes a consumer when sale concludes. It has nothing to do whether the sale is for own use or for investment!!

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