Whether complaint is maintainable under Consumer prot. Act
dkshankar
(Querist) 31 October 2009
This query is : Resolved
Dear experts,
i need your valuable suggestions on this matters. The facts are as follows:-
A land owner and a builder enter into an agreement to develop a flats in a site. The land owners entered into an agreement with the builder and the land owner is to get 60% of the constructed portion and the builder is to get 40 % of constructed portion. Then after construction some 400 sq ft of constructed portion has to allotted to land owners but it could not be separated with a flat and hence both parties entered into an agreement and the builder has given an affidavit stating that a sum of Rs. 5,15,000/- has to be paid by the builder to the land lords. The affidavit duly executed on a Rs.20/- N.J.Stamp papers and signed before an Notary Public. Later disputes arose and one of the land owner filed a consumer case against the builder. But the builder was set exparte and exparte order passed since no counter was filed. Now he filed an Appeal before state commission. In the mean time there is a delay of 400 days in filing the appeal and 258 days delay in representing the appeal. The important points is that the property as developed to sell the same to third party hence it is for commercial purpose. One of the party has not signed and he is not a party in the Complaint hence mis-joinder of party.
My quarry is that whether this case can be tried at Consumer Court since the complainant is not a consumer and there is no deficency in service. Is there is any rulings available in this regards?
thanks in advance
Yours
DK Shankar
Mukul Aggarwal
(Expert) 31 October 2009
KIndly go through
Faquir Chand Gulati vs. Uppal Agencies Pvt. Ltd. reported in (2008) 10 SCC 245
vinjamuri ranga babu
(Expert) 31 October 2009
hi,
you cann't file a complaint as per your facts stated above.
vr
Vinod Singh Tomar
(Expert) 31 October 2009
I agree with the opinion expressed by Mr. Vinjamuri Ranga Babu. As per the given facts, there is no relationship of service provider between the two. Hence only civil court has got the jurisdiction to decide the matter. Moreove, agreement is for selling the flate to third parties. It means that the parties agreed to purchase under the agreement are only consumers. This also confers jurisdiction only to civil courts as none of the land owners are consumers.
V.V.RAMDAS
(Expert) 31 October 2009
Dear friend Mr Mukul has provided the citation. So your purpose will be solved. it needs no clarification.
Y V Vishweshwar Rao
(Expert) 01 November 2009
The Land owners and Builder ,became Joint owners of the proeprty and Building by viture of Agreemtn between them
They are Joint owners of the proerty - Share holders can not be consumers agaisnt each other !
However, the part of the Building cosntruction activity, is a serice rendered by the Builder to the land owners , there is no short fall of services on the part of the Builder or any other grievance in this regard to the land owners -
it is only the property rights to be worked out / adjusted - after completition of the project - Building - beteen the Joint owners in 60 % & 40 % Ratio - it is adjustment of claims -
Not a consumer dipsute !
Dr. Jyothi Vishwanath
(Expert) 03 November 2009
it is not a consumer dispute.neither the land owners nor the builders are consumers. it is more of a contract. please approach a civil court for remedy.
dkshankar
(Querist) 07 November 2009
Mukul Ji,
How can i get the ruling through internet ( Faquir Chand Gulati vs. Uppal Agencies Pvt. Ltd. reported in (2008) 10 SCC 245 ). Is there is any link page available pls send the same
