Consumer Protection Act: Land owner, builder relation is complex

A landower entrusting his land to a builder is availing a service which is amenable under the Consumer Protection Act

Hermonie Mary Salazar and her children owned a 4,972.9 sq metre agricultural land and the structures constructed on it at Village Kondivata in Andheri East, Mumbai.

Anthony H Silva, a builder, approached them with a proposal to take over the property on ‘as is where is’ basis and develop it. The builder would have to settle with the existing occupants, and construct a new building after obtaining the requisite permissions. A total of five flats, each of 1,700 sq ft, would be given to the Salazar family member in consideration for being granted the development rights. This was recorded in