Saturday 30 November 2013

Members of co-operative society who deposited instalments of price for flats being constructed by Society are consumers



Virender Jain v. Alaknanda Coop. Group Housing Society Ltd., (2013) 9 SCC 383

Consumer - Meaning and scope of - Members of Cooperative Housing Society vis--vis the Society - Whether
consumers - Housing activity - Construction of flats by Cooperative Housing Society for its members pursuant to
allotment of land therefor by State Development Authority - Society refunding amounts deposited by appellant members
of Society in respect of flats applied for and terminating their membership on ground of their persistent default in payment
of instalments - Complaints under CP Act, 1986 thereagainst, at the instance of appellant members - Maintainability -
Held, appellants who deposited instalments of price for the flats being constructed by Society, were covered by definition
of consumer under S. 2(1)(d) of CP Act, 1986 - Hence, complaints filed by them were maintainable under CP Act, (2013)


Concurrent jurisdiction - Availability of alternative remedy under another statute (in present case, under Haryana
Cooperative Societies Act, 1984) - Effect of - Held, not a bar to seek remedy under CP Act, 1986, as it has repeatedly
been held by the Suprme Court that the remedy available under CP Act, 1986 is in addition to the remedies available
under other statutes and the availability of alternative remedies is not a bar to the entertaining of a complaint filed under
the Consumer Protection Act, (2013) 9 SCC 383-B


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