What status
ANIL KUMAR 8867907494
(Querist) 16 March 2013
This query is : Resolved
Dear learned brothers
Pls tell me whether a member of a owners association can approach consumer forum if he has dispute with association or not
Raj Kumar Makkad
(Expert) 16 March 2013
It depends upon the facts of the complaint whether the same comes within the ambit of the fora or not.
Advocate Bhartesh goyal
(Expert) 17 March 2013
No,disputes between any member and association does not comes under the ambit of Consumer Protection Act.As per sec 2[1](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;
In your case there exists no relation of consumer and service provider.
R.K Nanda
(Expert) 17 March 2013
no more to add.
ANIL KUMAR 8867907494
(Querist) 17 March 2013
Sir i would like explain the issue is member is paying maintenance charges and other charges demanded by the association time to time and association is taking care of providing services like maintenance of common area, security etc in this scenario can member approach consumer forum is there is unreasonable demand for money to provide such service
ajay sethi
(Expert) 17 March 2013
if there is unreasonable demand of money ask for justification . raise the issue in AGm of the association
Raj Kumar Makkad
(Expert) 17 March 2013
No. A member cannot approach to fora in the given facts because the services are not being provided by any other person than the member himself. The management of the society means the member (complainant in the given matter) himself as he has chosen the management so consumer complaint do not lie rather other rules of the society act may become helpful for him.
