The instant complaint has been filed by Mr. Amit Lakhanpal, Managing Partner of M/s. S.J. Enterprises against M/s. Granite Gate Properties Pvt. Ltd. alleging deficiency in service on the part of the opposite party-developer in respect of a flat booked by the partnership firm in the development project undertaken by the opposite party.

I have heard arguments on admission. Undisputedly, the instant complaint has been filed on the allegations of deficiency in service on the part of the opposite party in respect of a builder-buyer agreement between the opposite party and the partnership firm.

Order XXX of the Civil Procedure Code, 1908 deals with the procedure for suits by or against the partnership firms. Order XXX Rule 1 provides that any two or more persons claiming or being partners of a partnership concern may sue or be sued in the name of the firm. In the instant case the consumer complaint has been filed only by one of the partners of M/s. S.J. Enterprises and that too in his own name and not in the name of the firm. Thus, it is clear that the consumer complaint has not been filed by a proper person. Complainant Amit Lakhanpal alone has no locus standi to pursue the complaint either in his personal capacity or in the name of the firm. The complaint is, therefore, rejected. It is, however, made clear that this order will not come in the way of the partnership firm filing a consumer complaint before appropriate forum, if it so desires.