Date of Decision: 22-09-2014
Complaint Case No. 414/14.
Mrs. Asha Puri
A-43, Ayudh Vihar
Sector-13, Plot No. 3,
Dwarka, N.Delhi-110075
……Complainant No. 1
Lt. Gen. Rakesh Puri (Retd.)
A-43, Ayudh Vihar
Sector-13, Plot No. 3,
Dwarka, N.Delhi-110075
……Complainant No. 2
Versus
CDR. D.S. Dahiya (Retd.)
Chairman
Vigneshwaqqra Developers Pvt. Ltd.
Regd. Office; D-16/C Bhagwani House
Hauz Khas
N.Delhi-110016
…Opposite Party No. 1
Sh. Sunil Kumar Dahiya
Director
Vigneshwaqqra Developers Pvt. Ltd.
Regd. Office; D-16/C Bhagwani House
Hauz Khas
N.Delhi-110016
…Opposite Party No. 2
CORAM
Justice Veena Birbal, President
Salma Noor, Member
N P Kaushik Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik Member (Judicial)
- Heard the complaint on admission.
- The case of the complainant is that he paid an amount of Rs.20 lacs (approx.) to the OP for allotment of an area of 500 Sq. ft. of a commercial space. The OP had agreed to pay an assured return every month @Rs.65/- per Sq. ft. For the aforesaid area for a period of 60 months. In the event of delay, the OP agreed to pay back the entire amount @Rs.6500/- per Sq. Ft. The OP made regular payments for a period of 5 years. Be that as it may, the admitted case of the complainant is that the space in question was a commercial one. An amount of Rs.20 lacs (approx.) was paid for an assured return @ Rs.65/- per Sq. ft. per month.
- The transaction in question was purely commercial in nature. The present complaint hence is not maintainable in terms of Section 2 (d) of Consumer Protection Act, 1986 which is reproduced below:-
(d) “Consumer” means any person who, -
(i) ..........
(ii) (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who (hires or avails of ) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose);
(Explanation- For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;)
- It is not the case of the complaint that he wanted to run his own business for earning his livelihood.
- The complaint is hence dismissed.
