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Sanjay Bansal v. M/S Vipul Ltd. (Formerly Known as Vipul Infrastructure Developers Ltd.) and Another

Civil Appeal · 2019 INSC 519Decided 12 Apr 2019
Civil Appeal No. 10611 of 2013
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The appellant booked four flats in a Gurgaon housing project and filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging the developer failed to execute sale agreements for the flats. The developer objected that booking four flats showed a commercial, resale intent, which would disqualify the appellant from being a "consumer" under the Consumer Protection Act, 1986. The NCDRC agreed with the developer and dismissed the complaint outright, without taking any evidence, reasoning that booking multiple flats and not naming specific family beneficiaries showed a profit motive.

Decision Breakdown

The Supreme Court held that the NCDRC had decided the maintainability question on mere assumption ("ipse dixit") rather than on evidence: the fact that someone books multiple flats or invests before a project receives regulatory approval does not, by itself, conclusively prove a commercial/resale purpose. The Court found that whether the appellant qualified as a "consumer" was a factual question that could only be properly decided after pleadings were complete and both sides had a chance to present evidence. It therefore allowed the appeal, set aside the NCDRC's order, and restored the original consumer complaint to the NCDRC for a fresh decision (including on the consumer-status question) after evidence is led, also permitting the first respondent, who had been proceeded against ex-parte, to file a written statement and contest the case.

Lesson Learnt

A consumer forum cannot dismiss a complaint as not maintainable based on assumptions about a buyer's intentions (such as purchasing multiple units), whether someone is a genuine "consumer" or a commercial investor must be established through evidence and a fair hearing, not inferred from circumstantial guesswork alone.

Official source (sci.gov.in)View Judgment (PDF)

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