rights of tenant as a consumer

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
We are staying for rent in a house for past 3 years. We dont have any written agreement. My owner has started constructing the three floors on the ground floor without any prior intimation to us. The owner is not taking care of cleaning the dust coming into my portico and house. Subsequently we are facing trouble in the form of dust, noice, inability to dry clothes, inability to use the portico, small injuries due to the falling stones and nails and many more. While entering into the house from the portico,my mother skidded and fell down at the entrance inside the house because of the cement dust sticked to her legs and hence she suffered multiple fractures of the hip joint for which she is operated and bed ridden for 2 months.We intimated the same to the owner but not intimated to the police. Can we ask for compensation?

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Kiran Kumar (Expert) 22 September 2010
a tenant is not a consumer with in the definitions of Consumer Protection Act.

you may take civil court remedy against your landlord but still you can not compel your landlord to repair and improve his property.

as far as injuries caused to your mother are concerned you wont be able to fix liability of your landlord due to lack of precise evidence.

its better to talk to your landlord or change the house.

Y V Vishweshwar Rao (Expert) 22 September 2010
I agree with Mr Kiran Kumar

Tenant is not Consumer -Remedy for Injuries is deferent on the ground of negligence etc.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 September 2010
Tanets are protected under State rent acts and you have lot of actions possible, pl take help of expert local advocate.

pawan sharma (Expert) 22 September 2010
i do agree with Mr. Kiran Kumar.

Uma parameswaran (Expert) 22 September 2010
It is better to settle with the owner.

Raj Kumar Makkad (Expert) 22 September 2010
I concur kiran

Chanchal Nag Chowdhury (Expert) 22 September 2010
U may sue for compensation in the civil court wherein U may also seek injunction/direction upon your landlord to take due precautions during the construction.

Devajyoti Barman (Expert) 22 September 2010
Yes, the tenant is not a consumer.

Kumar Krishan Agarwal Advocate (Expert) 28 September 2010
using immovable property is not comes under consumer act.

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