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Is buyer of flat from investor a consumer of builder

(Querist) 08 May 2017 This query is : Resolved 
Madam/Sir,
My building has 22 flats. 13 owned by two investors, 2 by one family and other 7 are individual buyers.
As builder did not provide statutory items like Solar Water heater or Fire protection system, non formation of Society, etc we went to DCF.
The builder has pleaded that those who purchased flat from investors are not their consumers as they have not purchased directly from builder. Investors flats were lying vacant and buyers are first occupant as can be verified from electricity meter reading etc and also from the non occupancy charges being paid by the investor.
Are such buyers a consumer of builder or not. Kindly enlighten me.
Thanks and regards,
Sadan Kumar Sinha
Dr J C Vashista (Expert) 10 May 2017
You are an individual purchaser, one out of 2 members of the family or one out of 13 investors is not mentioned. How you are concerned?

Common amenities and facilities, as agreed by builder in the Agreement with purchaser has not been defined/mentioned by you.

Whether the builder has handed over possession to purchaser(s)/you? If so, whether you have mentioned deficiency/ observations at the time of taking possession of flat(s)?

The builder is liable to make good deficiency within the period of warranty (as mentioned in agreement) whether the flat was purchased directly or through investor.

Consult and seek service of a local lawyer for proper analyzing of facts, guide and proceed as required.
Rajendra K Goyal (Expert) 15 May 2017
Author has not replied the questions from the expert till date.

Discuss with local lawyer.


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