Sinking fund
Raghavan.k.
(Querist) 09 July 2014
This query is : Resolved
The builder of the apartment had collected sinking fund fro buyers at the time of registration of individual apartments.He handed over a portion of the amount to the association with assurance that he will hand over the balance after some months. Now he has given accounts,and the members of association are not satisfied and want to file a case in consumer court.We are told that sinking fund amount is neither service or goods and hence we cannot file a case in consumer court, but can we file a money suit in a civil court ?
Kuummaar AS
(Expert) 10 July 2014
(d) "consumer" means any person who-
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) 1[hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 1[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services are availed of with the approval of the first-mentioned person;
2[Explanation: For the purposes of sub-clause (i), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;]
(o) “service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 6[housing construction], entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
See whether your case fits in above definitions.
