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'Onus on service provider to prove if transaction is commercial or not'

  • 'Onus on service provider to prove if transaction is commercial or not'

    Summary: Merely because Anand is staying abroad would not lead to an inference that the flats have been purchased for commercial purpose. It observed that a person who buy and sells houses on a regular basis so as to earn profits could be said to be purchasing them for commercial purpose. Anand was also awarded compensation of Rs 20,000 and Rs 50,000 for the two flats.The developer appealed against the orders. The complaint claimed that he must be given legal possession of the flats along with compensation.The complaint was contested. The developer claimed that the land owner was not a party to the transaction and had been needlessly dragged into litigation.



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