US Resident and Owner of a Rented Flat Is Not a Consumer

The Mumbai Suburban District Additional Consumer Forum held that if a person buys a flat primarily with the intention to rent it out, the purchase is for investment or commercial purpose; hence, such a person cannot be considered a consumer, as envisaged under the Consumer Protection Act.

 

Ashok Tendulkar and his son Yogesh had booked a flat built by Rupji Constructions at Andheri (Mumbai) in January 2007. Both were residents of USA and had agreed to purchase the flat for which they paid the entire amount before the flat was handed over to them. They got possession of the flat in June 2008. The delivery was delayed by five months. The Tendulkars also had a few complaints about the quality of construction. They approached the Consumer Forum with their complaint as well as the delay in getting possession of the flat.

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