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.