dinesh khoiwal 04 March 2017

Defination of consumer

Resp sir, Any one tell me that defination of consumer. Can i go consumer court, when UIT ( urban improvement trust, bhilwara,work under UDH ministry rajasthan govt. ) not given allotted house in 3-4 year after allotment . And in present time uit increase the rate of house about 25%. Pls suggest me. Thanx

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18 Replies

Sudhir Kumar, Advocate (Advocate) 04 March 2017

You can. Success of case depends on merit of case which you have not disclosed

Kumar Doab (FIN) 04 March 2017

Simply said:Consumer is a person who purchases goods and services for personal use

Go thru:

THE CONSUMER PROTECTION ACT, 1986

2(b,c,r)

https://ncdrc.nic.in/bare_acts/Consumer%20Protection%20Act-1986.html

Kumar Doab (FIN) 04 March 2017

Preferably discuss with a very able counsel specializing in consumer matters, with case file

Suri.Sravan Kumar (senior) 05 March 2017

Housing activity will come under the definition of Service withing the meaning of C.P.Act. Since your transaction pertains to housing you will definitely be a Consumer under C.P.Act

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 08 March 2017

The list is being expanded. Basic answers for all such matters is reading the act. Please remember that the term Consumer Court is incorrect. It leads people to think it is their court. As if they own it and will give them what they want. It is a REDRESSAL forum. Both sides will be heard and a judicial decision will be reached on merit.

Law Aspire (Legal) 10 March 2017

U can also take a view on Real Estate(Regulation and Development) Act,2016

dinesh khoiwal 11 March 2017

Please provide link of " Real Estate(Regulation and Development) Act,2016 " in PDF formate. Thanks all for usefull seggestion

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 May 2017

The name consumer court is right. It is a court for consumers. One can go to the court only as a consumer. A service provider or a manufacturer cannot go to the court except on appeal.

Kumar Doab (FIN) 22 May 2017

THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

NO. 16 OF 2016

[25th March, 2016.]

https://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf

Kumar Doab (FIN) 22 May 2017

Go thru the rules framed by your state.

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 22 May 2017

One can also try filing a Writ Petition. It is against a statutory authority.It could be faster.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 May 2017

What kind of writ?

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436) 23 May 2017

The good doctor argues with me on every point. So be it.

There are 5 types of Prerogative Writs. a) Habeas Corpus, b) Prohibition c) Mandamus d) Certorari e) Quo Warranto, available to Indins under our Constitution. Now, let your lawyer select te best for the case. My choice is .......................

a) Produce the body

b) Prevent the action

c) Pass orders

d) Hand over the records and proceedings

e) Show proof of holding office.

Select, Good Doctor. The exercise will be worth it.