DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 25th day of September 2015
Present : Smt.Shiny. P.R, President
: Smt.Suma.K.P. Member Date of Filing : 04/09/2015
(C.C.No.127/2015)
C.Balakrishnan,
S/o.Appukutty Tharakan,
Anugraha, 40/209,
Rajeswari Street, Pattikara,
Palakkad. - Complainant
(By Adv.K.K.Sudheer)
V/s
A.Muniswamy,
S/o.Azhakar Swamy,
49/316, Madhava Nagar,
Vadakkanthara, Palakkad - Opposite party
O R D E R
By Smt.Shiny.P.R. President .
Brief facts of the case.
Complaint is filed for getting compensation from opposite party for his deficiency in service in constructing the building of the complainant. Complainant submitted that he had entered into an agreement with opposite party for the construction of 5582 Sq.ft. building for an amount of Rs.92,10,300/-. According to complainant, opposite party constructed the said building violating the terms and conditions of the agreement and plan. Hence the complaint.
Heard on admission.
On perusing the documents it is found that the building is constructed for commercial purpose and not for the personal use of the complainant. 6 flats are mentioned in the plan approved by the Municipality. Complainant also admitted this fact in his complaint.
From the above circumstances, we are of the view that the purpose of the construction of the building is for commercial. The transaction with opposite party is related to complainant’s business activity. Hence the complainant will not come under the definition of consumer under Section 2 (1)(d) of Consumer Protection Act 1986.
In the above circumstances, we dismiss the complaint at the time of admission. Complainant can approach Civil Court for relief.
Pronounced in the open court on this the 25th day of September 2015.
Sd/-
Smt. Shiny.P.R
President
Sd/-
Smt.Suma.K.P
Member
