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Supreme Court of India 2023-09-06 partly_allowed

ROHIT CHAUDHARY & ANR vs M/S VIPUL LTD

Bench: 2 — S. Ravindra Bhat, Aravind Kumar

In Brief

Rohit Chaudhary and another purchased a commercial office unit in a Gurugram project from the respondent developer. The National Consumer Redressal Commission dismissed their complaint for non-delivery of possession, holding they were not 'consumers' because they engaged in business. The Supreme Court reversed this, holding that a person buying commercial property to run a self-employed business for livelihood remains a 'consumer' under the Consumer Protection Act, 1986. The Court clarified that 'commercial purpose' excludes only profit-oriented activities on a large scale, not self-employment use. The appeal was partly allowed, directing the developer to refund Rs. 51,10,117 with 12% interest and litigation costs of Rs. 1 lakh.

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Consumer Protection Definition of Consumer Commercial Purpose Self-Employment Real Estate Refund Claims Non-Delivery of Property Quasi-Judicial Proceedings

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