Heard Sh. Nitin Kumar, learned counsel for the complainant on admission.

This consumer complaint has been filed by M/s Sharda Arena, a Proprietorship Firm through its Proprietor Sh. Neeraj Sharda.  According to the complainant, the complainant owns a multi storied commercial complex known as Sharda Arena, Tedipulia, Nainital Road, Haldwani.

By a perusal of the averments made in the consumer complaint, it is quite evident that the complainant is carrying on commercial activity, as in para 2 of the consumer complaint, the complainant has stated that he owns a multi storied commercial complex.  In para 4 of the consumer complaint, the complainant has stated that the said commercial complex in the town of Haldwani is the only place wherein different kinds of commercial activities are going on under one roof and in one complex.  The consumer complaint has been filed in regard to the work got carried out by the complainant in the said complex from opposite party No. 1.

In the light of the definition of “consumer” provided under Section 2(1)(d) of the Consumer Protection Act, 1986, since the complainant is engaged in commercial activity and, as such, the complainant does not fall under the definition of “consumer” and the consumer complaint filed by the complainant is not at all maintainable.

In view of above, the consumer complaint is dismissed in limine, being not maintainable.  The demand draft of   Rs. 2,000/- deposited by the complainant towards statutory fees, be returned to the learned counsel for the complainant.