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Supreme Court of India 2019-04-12 allowed

SANJAY BANSAL vs M/S VIPUL LTD. (FORMERLY KNOWN AS VIPUL INFRASTRUCTURE DEVELOPERS LTD.)

Bench: 2 — Dhananjaya Y. Chandrachud, Hemant Gupta

In Brief

A consumer complaint was filed before the NCDRC alleging deficiency in service by a real estate developer regarding four flats booked in a Gurgaon project. The developer objected that the appellant was not a 'consumer' because booking four flats indicated resale intent. The NCDRC upheld the objection without evidence. The Supreme Court allowed the appeal, holding that whether someone qualifies as a consumer cannot be decided on mere assumption; the finding must follow completion of pleadings and evidence. The case was remanded to the NCDRC to decide the consumer status on the merits.

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Consumer Protection Real Estate Consumer Status Maintainability Evidence and Presumptions Procedure

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