Applicability of consumer act
Sathya Narayana
(Querist) 02 April 2012
This query is : Resolved
FACTORY BUILDING RENTED FROM THE LAND LORD UNDER A RENTAL AGREEMENT SUFFERS FROM FALSE CLAIMS OF AVAILABILITY OF INDUSTRIAL POWER CONNECTION AND WATER CONNECTIONS RENBDERING THE FACTORY SUSTAIN HUGE FINANCIAL LOSSES ON ACCOUNT OF LAND LORDS FALSE DECLARATION OF AVAILABILITY OF 60 HP POWER CONNECTIONS, WHEREAS IN REALITY IT WAS ONLY 30 HP POWER CONNECTION.
CAN THE FACTORY INITIATE ACTION FOR DEFICIENCY OF SERVICES AGAINST THE LAND LORD AND CLAIM DAMAGES ? eXPER OPINIONS ARE REQUESTED.
Nadeem Qureshi
(Expert) 02 April 2012
yes, the company can file a complaint before consumer court
Deepak Nair
(Expert) 02 April 2012
This can be considered as deficiency ain service as well as unfair trade practice.
Thus, a consumer complaint can be filed.
Raj Kumar Makkad
(Expert) 02 April 2012
You were also a part of rental agreement. If such facility was not actually available there, why did you got it executed? If there is any laceuna in the agreement, it should be duly got corrected with mutual consent instead of filing a consumer complaint or any other litigation.
A V Vishal
(Expert) 02 April 2012
(d) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;
Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;
You fall within the definition of consumer and can hence proceed under the Consumer Protection Act.
ajay sethi
(Expert) 02 April 2012
terminate the agreement . if false staement s are made issue notice for termination of rental agreement .
as faras coonsiumer complaint is concerned issue legal notice first . contact a local lawyer
Rasik Dagli
(Expert) 03 April 2012
No. Consumer court has no jurisdiction as this is a commercial activity. But damages can be claimed by filing a civil suit.
RASIK DAGLI
Advocate.
M V Gupta
(Expert) 04 April 2012
It is doubtful if a tenant of immovable property can be regarded as consumer. Lease creates an interest in the property in favor of the lessee. If there is any breach of obligation by the lessor due to which the lessee is put to loss he may have to proceed in a civil court. If a property is purchased on the assurance of the land lord that it is NA land and it turn out to be forest land can there be a case of deficiency in service? In essence such contracts of sale or lease of immovable properties are not for rendering service or amount to sale of goods. Learned experts may enlighten if there is any decided case on this issue.
Sathya Narayana
(Querist) 10 April 2012
MORE EXPERT OPINIONS ARE REQUESTED FROM LERNED JURISTS SPECIALISING IN CONSUMEER LAW
