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Showing posts from August 2, 2018

Members are not “Consumers” of their Housing Society

Are Members of Housing Society “Consumers” !! 1.     The 1993 Amendment in Consumer Protection Act: In 1993 the “Housing Construction” Services were brought under the purview of Consumer Protection Act 1986. The Consumer Courts, in this backdrop, extended their jurisdiction to common services provided by Housing societies to their members. There is a basic fallacy in Consumer Courts assuming jurisdiction to Complaints filed by Members against their Housing Societies, alleging deficiency in services. 2.     The object of Consumer Protection Act: A fair and comprehensive reading of the relevant provision of Consumer Protection Act, 1986, more particularly the Preamble of the Act, the definitions of Consumer, Manufacturers, Restrictive Trade practices, Unfair trade practices, as defined under the said Act, it would reveal that Consumer Courts were conceived for the better protection of interests of common man, from Enterprises who are engaged in t...