Consumer protection act

shoaib (Querist) 25 May 2012 This query is : Resolved
If any person already had own residential house booked another flat for investment purpose with any builder on installment basis. On his defaults in paying monthly installments the said booking of flat was cancelled by the builder. The aggrieved person filed dispute before consumer forum on various grounds of deficiency in service also unfair trade practice etc. with prayer of revival of flat in the alternative refund of amount with interest. My query is whether he is a consumer? As he already had 1 flat of his own and booked the flat in question for investment purpose. Whether he can claim relief by way of filing consumer dispute? Whether he comes within the purview of consumer when he booked the flat in question for business or for investment purpose.

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Adv Jaydeep A Tanna (Expert) 25 May 2012
shoaib,
yes you are entering in correct foot of law by filing to consumer court.
You can even get relief refund of amount as well interest but would prefer to go for purchase of flat.
Do not go for various ground but only specfic ground of unfair trade practice.

adv. rajeev ( rajoo ) (Expert) 25 May 2012
Having already one flat does not bar. According your querry it is clear that a person who has booked a flat is defaulter. So if there is condition in the agreement regading failure to pay instalments, then builder can cancel the booking.

Advocate Bhartesh goyal (Expert) 25 May 2012
Having one and booking of another flat does not restrict to anyone to file complaint before Consumer Forum.If Forum finds the complainant is defaulter then Forum will dismiss the complaint.