25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanjeev Dudhat (Lawyer)     04 September 2012

Whether consumer or not?

 

 

A not so well educated housewife now single [husband has died] entered into a development agreement of a open plot belonging to her husband. The developers initially agreed to pay her merely Rs. 2,00,000/- . Later on they made her a partner in their construction firm having 22% share in the profit. After executing the power of attorney and development agreement she received Rs. 2,00,000/- . However, there is no accounting to profit and loss. Instead, she was offered one flat in the construction. However, the said partners/ developers made no agreement for the said flat. Therefore, she does not have a title to the said flat. 

1. In this situation where she is a partner in the construction company and also been allotted a flat as her consideration, can such woman claim to be a consumer and file a dispute in the consumer redressal forum against her two partners claiming herself to be a consumer as well?

2. Are there any relevant citations, on such type of a situation?



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 September 2012

She cannot be said to be a consumer of the development firm. If she has any grievence against the other partners in respect of accounts and her share of profits, the appropriate remedy would be to file a civil suit against them for rendition of accounts and claiming her share in the profits.

stanley (Freedom)     14 September 2012

A partner can never be called a consumer in a partner ship firm as she is a part and  parcel of the partnership agreement

1.A partnership agreement is an agreement where in they become liable to both  profit and loss .

2.When the power of attorney has been handed over to the other partners  for execution of the development /Finances for raw materials /labour  etc it is based on trust . If she wanted to she should not have given the power of attorney only for the issues of cheques or bank transcations and should involved herself personally into it .

3. In the absence of a  profit and loss balance sheet and no auditing being  carried out  on what basis can the conclusion be drawn that she is a partner to only a share of 22 % of the profit and she is not liable for the  loss part of it .

4.Even if a civil suit is filed the other partners would argue that the value of the flat has been adjusted towards the profit and loss   as well as the token of 2 lacs . 

5. I presume she should be happy with what she has rather than wasting her time and spending her money on lawyers fees etc .

kumar sachin (lawyer)     16 September 2012

no she is not a consumer

she can move before the civil court for relief

Ravinder Kaushik (Proprietor)     01 October 2012

agreed with Archana, stanley and sachin.

Consumer can be defind as a person who pays in lieu of services or products.

in this case she is receiving rather she paying.

 

Ravinder


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query