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july 2008

Supreme Court of India · 2008-07-10

Sujit Kumar Banerjee vs M/S Rameshwaran & Ors

Citation / case number
AIR 2009 SUPREME COURT 1188
Court
Supreme Court of India
Petitioner
Sujit Kumar Banerjee
Respondent
M/S Rameshwaran & Ors
Author
R.V.Raveendran
Bench
Lokeshwar Singh Panta, R V Raveendran

Judgment text excerpt

The Supreme Court held that under the Consumer Protection Act, 1986, the appellant qualifies as a consumer, as the agreement with the builder is for construction and delivery of a residential building, not a joint venture. The Court distinguished this case from Faqir Chand Gulati v. M/s. Uppal Agencies Pvt. Ltd., where the appellant was deemed not a consumer. The Court set aside the National Commission's order and remitted the matter for fresh disposal on merits, affirming the maintainability of the complaint.

Sujit Kumar Banerjee vs M/S Rameshwaran & Ors · Niyam