A person who has bought a flat on resale has no right to file a consumer complaint against the builder or developer for reasons such as getting the society registered or executing conveyance in favour of the society, observed the District Consumer Forum.
The Mumbai suburban district Consumer Disputes Redressal Forum, on Tuesday, held that only the original purchaser of the flat has the right to file a complaint under section 12 of the Consumer Protection Act, 1986 for deficiency in service vis-à-vis non-compliance of statutory obligations.
“However, a subsequent purchaser is not entitled to file such complaint,” observed the bench.
A bench comprising President of the forum, J.L. Deshpande and members D.S. Bidnurkar and V.G. Joshi, dismissed the complaints of three members of Dev-Gyan society in Khar. In 2001, four society members had moved forum seeking directions to the National Building Corporation, which constructed the building, to get it registered and execute conveyance in favour of the society.
An interim order of the forum was carried to the National Consumer Disputes Redressal Commission, which in 2008 remanded the matter to the district forum with a direction to decide whether the complainants, three of whom were subsequent purchasers of flats, could file a consumer complaint.
The district forum on September 7 held that the subsequent purchasers had no right to file a consumer complaint against the builder. It, however, allowed the fourth complainant to prosecute his complaint — as he is an original flat purchaser.
The bench gave relief to flat purchasers by holding that a consumer complaint, which needs to be filed within six months of the date of purchase of the flat, can be filed at anytime against a builder for non-compliance of statutory obligations, as such complaints could not be time-barred.