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

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]

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