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Sandip   25 July 2017

Is a land/plot purchaser not a valid consumer?


I purshased a land from a real-estate company with agrement that they will demarkate the land. Build roads, warter supply, gardens etc.

But they breached everything. Even they failed to demarkate the land.

Sued case under consumer proction act under district fourm but rejected saying that I am not vaid consumer. Is this judgement correct ?





 6 Replies

G.L.N. Prasad (Retired employee.)     26 July 2017

Who is the other party makes a difference.

If the other party is real estate developer, made it plots and offered it for sale to public then you can claim your consumer status.

If the sale is in between individuals, it may not cover under CP Act.

If you are confident, you can go for appeal to  State commission.  But, generally no case can be rejected unless the complaint is heard in the forum.

Infact the complaint part should discuss about consideration, reasons for consumer status in the beginning paragraph only in descripttion of parties.

1 Like

Advocate Bhartesh goyal (advocate)     26 July 2017

You should file appeal against the decision/order of District Consumer Forum before State Commission.Your case has weight.
1 Like

Sandip   26 July 2017


Thank you very much for your responses. 

This real-estate company gave advertise publicly over internet for purchasing land/plots.

They have made sale deed of my plot however unable to demarcate the plot and failed to fulfil other promises. 

Some lawyers making me understand that since sale deed is done then no merit on consumer court.

They are suggesting for civil suit.

- is this correct?

Advocate Bhartesh goyal (advocate)     27 July 2017

No,Real estate company had provided you defficient services also their act comes under the per view of un fare trade pratice  therefore they are liable to prosecute under the provisions of Consumer Protection Act.

1 Like

Sandip   29 August 2017

Thanks Bhartesh sir. Appeal filed. let's see. 


VIJAY KUMAR (SELF EMPLOYED)     01 September 2017

One can appeal in higher court, but before going ahead, check few important points,

1- If land/plot is sold in residential project by builder, buyer is consumer.

2- Your main business/source of income should not be associated with property dealing

3- You did not buy more than 1 plot in your own name.

4- In consumer court, appeal time limit is 30 days.

I shared my best knowledge, please check at your end.

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