SOBHA HIBISCUS CONDOMINIUM Vs. SHOBHA DEVELOPERS LTD

JUDGEMENT

(1.) This complaint has been filed by a condominium consisting of the owners of the apartments in a multistoried building namely Sobha Hibiscus situated at Ambalipura Village, Varthur Hobli, South Bangalore Taluk. The aforesaid condominium has come into existence pursuant to a declaration alleged to have been executed by the opposite parties under the provisions of Karnataka Apartments Ownership Act, 1972, and is not required under any law.

(2.) The complaint has been resisted by the opposite party which has taken a preliminary objection that the complainant is not a consumer within the meaning of Consumer Protection Act and, therefore, has no locus standi to file this complaint.

(3.) Section 12(1) of the Consumer Protection Act which is relevant to decide the question as to whether the complainant is competent to maintain this complaint or not, reads as under: