Saturday, May 10, 2025

Disputes regarding a plot of land may or may not be considered consumer disputes

 Disputes regarding a plot of land may or may not be considered consumer disputes, depending on the nature of the transaction and the relationship between the parties. Here's how it breaks down under the Consumer Protection Act, 2019:

✅ When it is a consumer dispute:

A dispute regarding a plot of land is treated as a consumer dispute if:

  • The plot was purchased from a real estate developer, builder, or promoter for consideration.

  • The buyer is a consumer (i.e., buying the plot for personal use, not for resale or commercial purposes).

  • There is a deficiency in service, such as:

    • Non-delivery of the plot after taking payment.

    • Delay in handing over possession.

    • Not providing promised amenities or approvals.

    • Fraudulent misrepresentation.

❌ When it is not a consumer dispute:

It is not a consumer dispute if:

  • The transaction is between two private individuals (not involving a trader or service provider).

  • The complainant is not a consumer (e.g., buying land for commercial resale).

  • The dispute is about title, ownership, or possession arising out of inheritance, partition, or similar civil matters — these are generally civil disputes, not consumer disputes.

Relevant Case Law:

  • Kishore Lal v. Chairman, ESI Corporation (2007) – Clarified who qualifies as a consumer.

  • Fortune Infrastructure v. Trevor D’Lima (2018) – Recognized delay in possession of a flat/plot as a consumer matter.

No comments:

Post a Comment