Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic


Bunga Daniel Babu Vs. M/s Sri Vasudeva Constructions

Head Note

The Consumer Protection Act,1986  - Section 2 (1)

Consumer - Commercial purpose - Joint venture - Definition under - Agreement for construction and sharing flats - Held, commercial purpose is required to be interpreted considering the facts and circumstances of each case - The National Commission has affirmed the order passed by the State Commission on the ground that the complaint is not a consumer as his purpose is to sell flats and has already sold four flats - The whole approach is erroneous - What is required to be scrutinised whether there is any joint venture agreement between the appellant and the respondent - The MOU that was entered into between the parties even remotely does not indicate that it is a joint venture - The appellant is neither a partner nor a co-adventurer - He has no say or control over the construction - He does not participate in the business - He is only entitled to, as per the MOU, a certain constructed area - The extent of area does not make a difference - Therefore, the irresistible conclusion is that the appellant is a consumer under the Act.

Topic(s)-Consumer Protection - Definition under - Commercial purpose - Joint venture

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@2016 Indian Law
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