Per Hon’ble Mr.Justice S.B.Mhase, President

Heard Mr.S.R.Singh-Advocate for the complainant.

This complaint has been filed on behalf of M/s.Perfect Foundation & Construction Co. Two flats have been booked by the complainant with the opponent.  It is submitted by the Ld.counsel that the full consideration has been paid.  However, possession is not delivered and, therefore, complaint has been filed.  The premises are the residential premises. The Complainant Company is carrying on business of piling and foundation work in the construction line.  Therefore, such a company, if at all requires premises, it may require for its office and not for residential purpose.  Ld.counsel tried to submit that these premises are purchased for children of Nawaj Ali Chaudhari, who is representing the company before us. 

It is further tried to be submitted that this Complainant is not a company and it is a proprietary concern.  What we find ultimately is that the premises are purchased for non-residential purpose and for a company and not for an individual.  It may be possible that the premises may be purchased in the name of a company and used by the children.  However that will circumvent the provisions of Income-tax law.  It is well settled principle that Consumer Fora or any court shall not come forward to assist such types of law evading transactions.  Apart from that transaction is for commercial purpose, purchase is for commercial purpose and, therefore, complaint is not tenable. It is hereby rejected in limine.

Pronounced on 28^th January, 2013.