SOBHA HIBISCUS CONDOMINIUM versus MANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD. & ANR

SOBHA HIBISCUS CONDOMINIUM versus MANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD. & ANR

Because the appellant condominium was constituted pursuant to mandatory statutory provisions and declaration under the Karnataka Apartment Ownership Act, 1972, it is not a 'voluntary consumer association' within the meaning of the Explanation to Section 12 nor a 'consumer' under Section 2(1)(d) of the Consumer...

Source-derived case information.

Parties
Appellant: Sobha Hibiscus Condominium; Respondent: Managing Director, M/s. Sobha Developers Ltd. & Anr
Jurisdiction
India
Judgment Date
14 February 2020
Procedural Posture
Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Supreme Court Judgment Dismissing Appeal
Outcome
Appeal dismissed
Legal Topics
Standing to Sue, Definition of Consumer Under S.2(1)(d), Recognised Consumer Association Under S.12(1)(b), Voluntary Association Vs. Statutory Body, Karnataka Apartment Ownership Act, 1972 Interpretation
Consumer Protection Property Law Statutory Interpretation Standing to Sue Definition of Consumer Under S.2(1)(d) Recognised Consumer Association Under S.12(1)(b) Voluntary Association Vs. Statutory Body Karnataka Apartment Ownership Act, 1972 Interpretation

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Parties

Sobha Hibiscus Condominium

Appellant

Managing Director, M/s. Sobha Developers Ltd. & Anr

Respondent

Procedural Posture

Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Supreme Court Judgment Dismissing Appeal

Legal Issues

  1. 1 Whether the appellant is a 'consumer' within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986
  2. 2 Whether the appellant is a 'recognised consumer association' under Section 12(1)(b) read with the Explanation to Section 12 of the Consumer Protection Act, 1986
  3. 3 Whether a condominium constituted pursuant to the Karnataka Apartment Ownership Act, 1972 is a voluntary consumer association for the purposes of Section 12(1)(b)

Ratio Decidendi

Because the appellant condominium was constituted pursuant to mandatory statutory provisions and declaration under the Karnataka Apartment Ownership Act, 1972, it is not a 'voluntary consumer association' within the meaning of the Explanation to Section 12 nor a 'consumer' under Section 2(1)(d) of the Consumer Protection Act, 1986; therefore it has no locus standi to maintain the complaint and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs