First of all thank you for giving your valuable time for this question...

I had purchased one flat before 1 and half yr. After getting possesion before 1 yr. I rented it. I filed a consumer case aginst builder regarding poor construction. But his lawyer replied that because I am not using the house since I purchased it, I am not a customer as per consumer's defination by law (act 1986 1 D (1)). Is this true ? if there is any refrence cases please provide details. Thanks

U can surely file the case ..u r a consumer under the Act..u r the owner of the same so a consumer complaint against poor construction does lie though u may have given the same on rent temporarily..

Sir, You are a 'Consumer' under the Consumer Protection Act. And you have every right to sue the builder for poor construction whether you reside there or, the flat has been locked since the date of buying the flat. The only thing here is, you have to prove the poor construction is due to builder's negligence and the damage is not from the people to whom you have rented the flat.

Explain in your complaint the nature of deficiency in quality of consrtruction in detail. Also apply for losses/damages directly or indirectly you had suffered due to  deficency like leakage, plaster problem, plumbing work, electricity wiring and quote relevant paras from your agreement where in assurance of quality is given by the Builder  or you may also produce a booklet printted by the Builder  Also you may ask for a suitable compensation for mental agony/physical hardship caused to you. Go ahead and gather all the documentary proofs you can in this regard and file the Complaint.

Dear All,

Thank you very much for advice.

I have to file the answer next week, So it will be benificial for me if I can get any refrence case or decison in fevor of customer who were in the same condition.

I know it's difficult to find such thing. But if any of you have any idea regarding this,  then please share the info. it will be helpful for othes also.

- Thanks

sir.

   according to the Consumer Protection Act you are a consumer. 1st think you brought that flat from a builder. so you are the consumer. as a consumer you have all rights.

there are numerous cases filed in the consumer forum against the  builders it is immaterial wether you use for person or whether you have rented it out

You may read the judgement dated 26th July, 2010, on site of national consumer protection foum by clicking on judgement of Thane District Consumer Forum in case no.568/09 filed and won by me.

If you have a problem, send me your email id on kanaksinh.boda@gmail.com, so that I can send you a copy.