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Are homebuyers “Consumers”? Can they file complaint in Consumer Forums?

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Yes, homebuyers are consumers within the meaning of Consumer Protection Act, 2019 if they have not purchased the property for commercial purpose. Purchase of multiple houses for investment or purchase of a commercial shop or office in a project not for one’s own use is considered as commercial purpose.

The homebuyers who fit within the definition of consumers can file a consumer complaint for any deficiency in service by the builder/ developer. [Refer Laxmi Engineering Works vs. P.S.G. Industrial Institute, 1995 SCC (3) 583 and Lilavati Kirtilal Mehta Medical Trust vs M/S Unique Shanti Developers & Ors., 2019 SCCOnLine SC 1466]