Consumer dispute
k s s kumar
(Querist) 01 May 2012
This query is : Resolved
The land lord and builder have an understanding and the builder has rendered his service to the land lord and land lord failed to pay his admitted amounts then the builder approached the consumer form for deficiency in payment as agreed. The court has taken an objection that the land lord will come as a consumer but not the service provider (builder) and it is not correct form for the builder to approach for his point? it is correct with legal decisions
Devajyoti Barman
(Expert) 01 May 2012
Yes the landlord is the not the service provider.
The builder will have to seek redress in the civil court.
ashutosh mishra
(Expert) 01 May 2012
Yes view expressed by forum is correct.The dispute between builder and land owner can never come with in purview of the forum.
ajay sethi
(Expert) 01 May 2012
file summary suit for recovery of money on basis of written agreement
MohammedRaffiq Bijapur
(Expert) 01 May 2012
Objection of the FORUM is teable. Builder has no other go except to recover the payment by filing money suit.
Advocate Bhartesh goyal
(Expert) 01 May 2012
No relation of service provider and consumer exists between landlord and builder.It is not a consumer case so Forum's decision is right.
Dr J C Vashista
(Expert) 03 May 2012
I agree with the experts views and suit for specific performance in civil court shall be appropriate to seek redressal against landlord
dev kapoor
(Expert) 03 May 2012
Consumer Protection Act envisages,in the main,two types of remedies.(1) If you BUY goods,which turn out to be DEFECTIVE & (2) If YOU HIRE services of OTHER,which are deficient.Then a Consumer Dispute arises & Forum gets jurisdiction.The REVERSE is not possible.
In Your case it is the Landlord who HIRED builder's services for payment.Landlord(only) can file a consumer complaint if he has a grievance about 'deficiency in service' rendered by the builder.But,on the contrary,builder cannot file a Consumer Complaint as he is NOT THE CONSUMER OF SERVICE RATHER HE RENDERED SERVICE.Builder,if aggrieved, can file ONLY A CIVIL SUIT for Recovery of his contracted money due from the LL....
Shonee Kapoor
(Expert) 03 May 2012
I agree with the opinion rendered that it is a civil dispute and no point moving consumer court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
