Ram, a tenant entered into an agreement of lease with Shyam, the owner, for ten years. The lease agreement did not contain the provisions for cleaning, repairing and maintenance of the leased property. Ram requested to S

CS Executive · Economic and Commercial Laws · PYQS · December 2018
Ram, a tenant entered into an agreement of lease with Shyam, the owner, for ten years. The lease agreement did not contain the provisions for cleaning, repairing and maintenance of the leased property. Ram requested to Shyam for providing maintenance services for the lease property. On refusal, Ram contended that he is a consumer, as he is paying rent of the leased property but Shyam has not provided the aforesaid services, which should be treated as the deficiency in service under Consumer Protection Act, 1986. Decide, whether the contention of Ram is tenable ?

Answer & Explanation:

The contention of Ram is not tenable. The present case is similar to the case of Laxmiben Laxmichand Shah v. Sakerben Kanji Chandan and others 2001 CTJ 401 (Supreme Court) (CP). In this case the Supreme Court held that the tenant entering into lease agreement with the landlord cannot be considered as consumer under Section 2(1)(d) of the Consumer Protection Act, 1986. Where there was no provision in the lease agreement in respect of cleaning, repairing and maintaining the building, the rent paid by tenant is not the consideration for availing these services and therefore, no question of deficiency in service arises.

Topics: Consumer Protection Act, 1986

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