"Criteria for Identifying a 'Consumer' Under the Act Must Be Flexible," Supreme Court

In a landmark judgment, Supreme Court shook the legal foundations of consumer rights and contractual obligations in India, particularly in the context of real estate deals. Overturning the earlier ruling by the National Consumer Disputes Redressal Commission, the court provided a precedent-setting interpretation of the Consumer Protection Act, thereby imparting a breath of fresh air to aggrieved small business owners who had been ensnared in a detrimental contractual agreement with a major real estate developer.

The judgment focused its scrutiny on "the jurisdiction of the National Consumer Disputes Redressal Commission under Sections 21 and 22 of the Consumer Protection Act, 2019, and the Contract Act, 1872." It also explored various rules and regulations connected to the property sector [Para 3-5].

Supreme Court pointed out, "We must understand that the definition of 'commercial purpose' is flexible and should not be constrained by a rigid set of rules. The Court must interpret it on a case-by-case basis to serve justice" [Para 12]. The court went further to provide a comprehensive set of guidelines that should be employed in the future to accurately identify who qualifies as a 'consumer' under the Act [Para 13-14].

Not just content with deciphering legal terms, the court was unequivocal in its condemnation of the real estate developer's unethical actions. It declared that the failure to meet the 24-month deadline for property delivery was a clear "violation of the contractual agreement" and emphasized the need for timely execution of contracts [Para 15].

Supreme court directed the respondent—identified as the major real estate developer—to refund the entire amount paid by the appellants. The order also specifies an annual interest rate of 12% and adds Rs. one lakh to be paid towards the cost of litigation. This decision must be executed within 60 days from today [Para 16-17].

Legal experts and consumer rights activists have hailed today's judgment as a revolutionary step. "This is more than just a win for the appellants; it sets a new benchmark for future cases where consumer rights are in question," says Senior Advocate Mr. Sharma.

Date of Decision: 9 September 2023

ROHIT CHAUDHARY & ANR. vs M/S VIPUL LTD. 

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