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pawan (director)     16 August 2014

Consumer court( shopkeepers association vs builder)

SHOPKEEPER REGISTERED ASSOCIATION OF A MULTIPLEX WANT TO FILE CASE IN NATIONAL CONSUMER FORUM FOR VARIOUS SERVICES BUILDER HAS PROMISED BUT FAILED TO PROVIDE LIKE LIFTS TOILETS, STILT PARKING, OPEN PARKING,COMMON AREA ILLEGALLY OCCUPIED, GENERATORS ETC DUE TO WHICH SHOPKEEPERS ARE NOT ABLE TO OPNE SHOPS FEW OPEN BUT LATER CLOSED

KINDLY ADVICE

1) WEATHER ASSOCIATION OFSHOPKEEPERS FALLS UNDER CONSUMER ACT .

2) KINDLY PROVIDE JUDGEMENTS IN SUPPORT.




Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 August 2014

A purchaser of goods or services for commercial purposes  is not covered under the term "consumer". But if the 'commercial activity' is by an individual to earn his livelihood by way of self-employment the person engaged is considered a consumer for the purpose of the Act. Instead of a single individual, it can also be a family concern or a partnership. Among the shop-keepers in the Association at least some, if not all, would come under this categorization. Hence any individual shop-keeper or the shop-keepers who fall under this category or even the association as a body can file complaint in the consumer court.

Things would depend also on the mindset of the judges and the skill of the lawyers. In my opinion you can surely go ahead. Good luck.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 October 2014

1.  The criteria for filing a "consumer complaint" would be the "negligence /deficiency of services" by the builder,  to the individual property purchasers.


2.  Here in the above example, it is immaterial if the property purchasers are intending to use the property for "commercial" or whatever purposes.


3.  The relation between the builder (is as a service provider) and property purchasers (is as a service receiver).    There is no commercial "privity of contract" between the builder & property purchasers.


4.  A Registered Association, can file Consumer Court complaint, on collectively behalf of all its members.


Keep Smiling .... Hemant Agarwal
READ ARTICLES ON:  https://hemantagarwal21.blogspot.in/?view=sidebar

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 October 2014

What is the use of giving an advice one month afterwards. Or is the purpose is only to counter me. If so please note the following Section 2 (d) (ii) of the Act

Consumer means any person who -

hires or avails of any services for a consideration which---------------------------------------------------------------------------------- but does not include a person who avails of such services for any commercial purposes.

Hope it is clear.

There is an exception below which also I have mentioned in my previous post here-in-above.


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