CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.411/2015
- SH. SANJEEV GULATI,
S/O SH. K.N. GULATI,
C-601, SARVE SATYAM APPTTS.,
PLOT NO.12, SECTOR 4,
DWARKA, NEW DELHI – 110075
- MRS. GEETA GULATI,
W/O SH. SANJEEV GULATI,
C-601, SARVE SATYAM APPTTS.,
PLOT NO.12, SECTOR 4,
DWARKA, NEW DELHI – 110075
…………. COMPLAINANTS
VS.
M/S IMPERIA WISHFIELD PVT LTD.
(THRU : ITS MANAGING DIRECTOR/CEO)
RGD. OFFICE:
A-25, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE,
NEW DLEHI-1140044
………….. RESPONDENT
Date of Order: 08.10.2015
O R D E R
The complainants have filed this complaint against OP for deficiency in service. The case of the complainants is that they have booked a commercial space with OP in their project in sector 37C Gurgaon. Certain space was allotted to the complainants which was later changed with the consent of the complainants. The complainants were not satisfied with the terms and conditions of the allotment letter as most of them were unilateral in nature hence they sought refund of amount of Rs.16,14,708/- which was given by complainants to OP as well as Rs.1 lakh for compensation. Complainants have also sought interest of Rs.2,82,625/-. We have heard Ld. Counsel for complainant. Admittedly, complainants booked a commercial space. So on the face of it, complainants are not ‘consumer’ under Section 2(1)(d) of Consumer Protection Act, 1986 which defines ‘consumer’ as under:-
“(d) ‘consumer’, means any person who –
- 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 party 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 for any commercial purpose; or resale or for approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose; or
- 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 service for consideration paid or promised, or partly paid or party promised, or under any system of deferred payment, when such services are availed of with the approval of 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 relevant to refer to case of Bihar School Examination Board Vs. Suresh Prasad Sinha, IV (2009) CPJ 34 at 36(SC): AIR 2010 SC 93 : (2009) 8 SCC 483, the Apex Court has held, as under:-
“Consumer – Definition of :- According to the definition of ‘consumer’ in Section 2(d) of the Act, a person who hires or avails of any services for a consideration, is a consumer. The following category of service-availors will not be consumers: (i) persons who avail any service for any commercial purpose; (ii) persons who avail any free service; (iii) persons who avail any service under any contract of service. A consumer is entitled to file a complaint under the Act if there is any deficiency in service provided or rendered by the service provider”.
Hon’ble National Commissioner in Monswtera Estate Pvt. Ltd. Vs Ardee Infrastructure PVt. Ltd. – IV (2010) CPJ 299 (NC) has held that:-
“Housing – purchase of space for commercial purpose – There was delay in possession. Complainant was a private limited company. Complainant was nominated for allotment of showroom. Possession not given. Sale deed was not executed. Deficiency in service was alleged. Even if private limited company was treated as ‘person’ purchase of space could not be earning its livelihood. Purchase of space was for commercial purpose”.
There is no averment made in the complaint that this commercial space was booked by the complainants for earning their livelihood.
The complaint is accordingly dismissed.
The copy of order be sent to complainants and OPs by post. File be consigned to Record Room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
