This Miscellaneous Application is filed by the contesting OP challenging the maintainability on the ground that the complainant is not the consumer as per provision of the Consumer Protection Act as the complainant took an advance amount of Rs. 1, 00,000/- for the purpose of business or commerce. Heard the Ld. Advocates on both sides.

  On perusal of the documents available in the record it appears that the complainant paid Rs. 1, 00,000/- to the OP-Developer receiving which the OP-Developer, Maa Saraswati Construction acknowledged the same by issuing money receipt on 01.03.2022. It further appears from the W/V filed by the OP that OP refunded the amount of Rs. 1, 00,000/- by issuing a cheque in favour of the complainant but the same was dishonored. From the abovementioned observations it is evident that the complainant paid Rs. 1, 00,000/- to the OP-Developer for the purpose of purchasing a flat. As per provision of Consumer Protection Act, Section 2 (7)(i) Consumer means any person “buys any goods 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 user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or any commercial purpose;”                                                        

 As the complainant paid Rs. 1, 00,000/- as earnest money to the OP-Developer for the purpose of purchasing a flat, the complainant thus becomes consumer under the OP as per provision of Consumer Protection Act.

The MA/214/2022 filed by the contesting OP is hereby rejected and thus the MA/214/2022 is disposed of.

As such, 27.03.2023 is fixed for filing evidence by the complainant.