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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 November 2008

Whether advocate is consumer of landlord for rented office.

Whether an advocate can make a claim in  consumer forum under the consumer protection act for damages due to creating obstructions by the landlord.


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 11 Replies

vikas mishra (ADVOCATE)     23 November 2008

No, consumer protection act is strictly meant for consumers, as a tenent you are not a consumer you can initiate a civil proceedings the act clearly defines as to who is the consumer and tenent is not a consumer.

Tribhuwan Pandey (Advocate)     23 November 2008

yes you are tenant not a consumer. landlord is not providing any service.


You may civil suit before the civil court

Tribhuwan Pandey (Advocate)     23 November 2008


yes you are tenant not a consumer. landlord is not providing any service.




You may file civil suit before the civil court


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 November 2008

Dear sir with due respect to your opinion pl go through the amendment in 2002 in section =2 as " commercial purpose does not include ...........services availed by him exclusively for the purpose of  earning his lively hood by means of self employment. "


Earlier the exclusion was only for goods now with this  amendment it has been added for services also.


In light of this why a advocates office on rent is not a service offered by the landlord. On this same reasoning the casres of tempos, trucks, xerox machine etc are bing taken by consumer forum. Is it not true.


 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     23 November 2008

The advocate who has taken office on rent from a landlord cannot be construed a consumer, he is only a tenant.   The question itself contains the term landlord in such a case you yourself admit that you are only a tenant.  As a tenant you are entitled to protection under Rent Control of Act.

Vijay Kumar (Advocate)     23 November 2008

All above opinions are very much correct.

Ashok Priyadarshi Nayak (ADVOCATE MANAGING PARTNER)     24 November 2008

No, a tenant is not a consumer.  a person residing in a rented house is a tenant. and no where in the consumer protection act, a tenant is defined.


a tenant does not come under the definition of consumer in the Act.


so in no case, can a tenant can file a consumer case in a matter relating to the house.


but, yes he can file a civil suit (the case would purely depend on the nature of obstruction caused by the land lord.)

Sushil Kumar Bhatia (Advocate)     28 November 2008

dear sir,


              In the case of an accommodation let out/leased out by the landlord to its tenant covered under Transfer of property act or state Rent control act and rights of tenant as well as landlord protected under the said acts ,if some one providing a office cabin with the services of telephone,electricity,fixtures and furnished with amenities,furnitures,peon/attendant/gaurd,receptionist ,internet etc.and any deficiency in service then comes under the ambit of consumer redressal act.

Ashok Priyadarshi Nayak (ADVOCATE MANAGING PARTNER)     05 December 2008

yes, if he is providing him the services bound by a contract, then he would be subject to the consumer forum in deficieny of services pertaining to the servives, i.e.telephone,electricity,fixtures and furnished with amenities, furnitures, peon/attendant/gaurd, receptionist ,internet etc.


provided you are getting paid extra for the services provided other than the rent. if the abovementioned services are included in the rent and not separately charged then he wont be subjected to the consumer forum.


 

Ashok Priyadarshi Nayak (ADVOCATE MANAGING PARTNER)     05 December 2008

Yes, if the above services are been charged apart from the rent.


a person definitely comes under the ambit of the definition of consumer in the consumer protection act, 1986 if he gets the above mentioned servives , provided he is been charged for the services.


if the services are included in the rent of the cabin/house as a whole (as in fully furnished house) then the owner would not be subject to the consumer forum.

mastanrao.bhogadi (advocate)     08 December 2008

sir,


The answer given by sri Suseel Kumar Bhatia and sri A.P. Nayak  are very clear on this point and absolutely correct .


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