Consumer Protection Act, 1986 — Sections 2(1)(d) and 24-A — Contract Act, 1872 — A flat seller who is not a borrower or a party to the home loan agreement lacks privity of contract with the financing company and cannot be considered a 'consumer' under the Consumer Protection Act for claims related to the sale consideration — Supreme Court allowed the appeal, setting aside the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the appellant to refund money and pay costs to the respondent (original flat owner) — The Supreme Court held that the respondent, who sold his flat to a borrower financed by the appellant, was not a 'consumer' of the appellant under the Act, 1986, due to the absence of a direct contractual relationship — The Court also noted the doubtful existence of a Tripartite Agreement imposing liability on the appellant towards the respondent, the non-joinder of the borrower as a necessary party, and the issue of limitation in filing the consumer complaint.
M/S CITICORP FINANCE (INDIA) LIMITED
Vs.
SNEHASIS NANDA
