Land Owner Can Approach Consumer Forum In Case Of Breach Committed By Builder [Bunga Daniel Babu v. Sri Vasudeva Constructions, 2016 SCC OnLine SC 729, decided on 22.07.2016]

Must Read

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Follow us

In an appeal against the order of the NCDRC, which has approved the view of the State Commission, Hyderabad which held that the complainant was not a “consumer” within the definition under Section 2(1)(d) of the Consumer Protection Act, 1986 as the agreement of the appellant with the respondents was a joint venture. The Supreme Court remitted the matter back to the State Commission as both the Commissions erred in holding that the claim of the appellant was not adjudicable as the complaint could not be entertained under the Act of 1986 in as much as the parties had entered into an agreement for construction and sharing flats which had the colour of commercial purpose.

In the instant case, the appellant who was the land owner, entered into a MoU with the respondents for construction of multi-storied building and that the apartments constructed were to be shared in the proportion of 40% and 60% between the appellant and the respondent. The construction was to be completed within 19 months from the date of approval of the plans by the Municipal Corporation and in case of non-completion within the said time, a rent of Rs. 2000/- per month for each flat was to be paid to the appellant. The Court take a reference of the principle laid down in Faqir Chand Gulati v. Uppal Agencies Pvt. Ltd. and observe that if there is a breach by the land owner of his obligations, the builder will have to approach a civil court as the land owner is not providing any service to the builder but merely undertakes certain obligations towards the builder, breach of which would furnish a cause of action for specific performance and/or damages and while the builder commits breach of his obligations, the owner has two options; he has the right to enforce specific performance and/or claim damages by approaching civil court or can approach consumer forum under the Act.

Latest News

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to the Levinson family in punitive...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the onus to prove the facts...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the constitutionality of Rule 19 of...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the Madhya Pradesh High Court. The...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

More Articles Like This

- Advertisement -