Even after taking possession the consumer remain a consumer and arbitration clause does not exclude the jurisdiction of consumer fora.
A recent order passed by NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION in SANGEETA OBEROI & ANR. Vs. DLF UNIVERSAL LIMITED PREVIOUSLY KNOWN AS DLF INDIA LTD. CONSUMER CASE NO. 600 OF 2018 following judgements of Apex Court were referred:-
In the present case the opposite party took plea that after taking possession, the complainants no more remained consumers of the opposite party. Complainant-1 was NRI, complainant-2 was a business man and both of them had residential house, they booked the present floor for commercial purpose and they are not consumers and their complaint was not maintainable. The opposite party has not adduced any evidence that the floor was booked for commercial purpose. Number of flats/houses owned or booked by the buyer is not decisive as held by Supreme Court in Lilavati KirtilaL Mehta Medical Trust Vs. Unique Shanti Developers,(2020) 2 SCC 265.
Supreme Court in Wg. Camdr. Arifur Rahman Khan Vs. DLF Southern Theme Pvt. Ltd. (2020) 16SCC 512 held that even after taking possession and execution of conveyance deed, the consumer remained a consumer.
In EmaarMGF Land Limited Vs. Aftab Singh, (2019) I CPJ 5 (SC), Supreme Court held that arbitration clause does not exclude the jurisdiction of consumer fora.