Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Ownership Flats (regulation of The Promotion of Construction, Sale, Management and Transfer) Act, 1972 (16 of 1973) Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986: s.2(1)(d) and s.12(1) and its Explanation – Consumer – Meaning of – Appellant is a statutory body under the provisions of Karnataka Apartment Ownership Act, 1972 – It consisted of members of the apartments in a multi storey building as per the declaration of opposite party under the 1972 Act – Appellant filed complaint before National Commission – Complaint resisted on the ground that the appellant is not a consumer within the meaning of Act, therefore, has no locus standi to file complaint – National Commission rejected the complaint holding that the appellant was not a recognised consumer association within the meaning of s.12(1)(b) of the Act – Held : Conjoint reading of the various relevant provisions of the 1972 Act and the Bye-laws of the Appellant- Condominium showed that appellant came into existence as per the mandatory provisions under the 1972 Act – Explanation to s.12 of the Act makes it clear that, the recognised consumer association as referred under s.12(1)(b) of the Act means any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force – By applying Explanation, the appellant cannot be said to be a voluntary consumer association so as to maintain a complaint petition – A voluntary consumer association is a body formed by a group of persons coming together, of their own will and without any pressure or influence from anyone and without being mandated by any other provisions of law – Appellant which consists of members of flat owners in a building, which has come into existence pursuant to a declaration which is required to be made compulsorily under the provisions of 1972 Act, cannot be said to be a voluntary association – Further, it does not fall within the definition of ‘consumer’ as defined under s.2(1)(d) of the Act –Karnataka Apartment Ownership Act, 1972 |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 189 |
Petitioner | Sobha Hibiscus Condominium |
Respondent | Managing Director, M/s. Sobha Developers Ltd. & Anr |
SCR | [2020] 3 S.C.R. 824 |
Judgement Date | 2020-02-14 |
Case Number | 1118 |
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