Legal Question in Consumer Law in India

A private limited company is building a mall. For this purpose used some shuttering material but they are defective. File consumer complaint. But president stated that this is business-to-business and therefore company is not a consumer. Our stand is that at the point of purchase of materials company is the consumer. Company may subsequently sell the built-up area to third party or rent it out. Thats different issue. Please enlighten.


Asked on 2/11/13, 11:45 pm

5 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

What do you want ? Do you want material or money paid with interest to you ? Please clarify ............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/12/13, 12:37 am
Fca Prashant Chavan Expert Edge LLP

12.02.2013

Dear Sir / Madam,

(Margao, Goa)

The Company undertaking the construction of the mall issues quality and grade specifications of all material to contractors. Shuttering material, although not being direct material consumed in the construction, has a bearing on the finishing of the beams, pillars, floors being constructed and they will also be specified in the contractor's agreement. The sub-contractor is required to adhere to quality specifications as laid down by the Architect and Chief Engineer of the project. The Company has to ensure that the contractor uses the specified material in the construction.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/12/13, 7:38 am
Jayesh Desai Jayesh Desai

The dispute does not qualify as 'consumer' dispute, as you are not buying as a consumer, but buying the same for commercial exploitation. What, the Hon'ble President has said is correct.

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Answered on 2/12/13, 10:59 pm


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