Case Law Details
Rohit Chaudhary & Anr. Vs Vipul Ltd. (Supreme Court of India)
Sub- Whether-delay in delivery of office space by a builder is a dispute maintainable under the Consumer Protection Act and consequently the purchaser of such commercial space is eligible to get the refund of money with interest?
This judgement will be helpful in dealing with cases under the consumer protection act as well as for interpretation of the word “commercial purposes” and also in relation to the disputes related to property transactions where it is advisable to approach the consumer forum for faster and effective remedy rather than approaching RERA and/or IBC.
The Supreme Court in this case was considering the dispute regarding the delay in delivery of a commercial space at Vipul Business Park even though the purchaser had paid the agreed upon as per the schedule. The initial challenge was dismissed by National Consumer dispute resolution commission on account of the appellant being not a consumer as the dispute in its opinion was related to commercial transaction which was not within the ambit and scope of Consumer protection act.
Thus the Supreme Court was called upon to decide the meaning of the word “Consumer” and “Commercial purposes”.
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