Delhi

New Delhi

CC/182/2020

Arti Jain - Complainant(s)

Versus

M/S. Jai Krishna ARTC-JV - Opp.Party(s)

23 Dec 2020

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.182/2020                                 Dated:

In the matter of:

Ms. ARTI JAIN

w/o, Shr. Ashok Kumar Jain

R/o, Flot no 1004, Tower 6,

Amarpali Grand, Greater Noida, UP

 

                           ……..COMPLAINANT

VERSUS

Jai Krishna Artec-JV,

(Through its Managing Director/Agent/AR)

 

CORPORATE OFFICE AT

4-B, Hansalaya Building,

15, Barakhamba Road,

Connaught Place, Delhi 110001

                        Opposite Party

 

23.12.2020

Heard Sh. Parminder Singh Goindi, Counsel for the Complainant

 

SH. ARUN KUMAR ARYA, PRESIDENT

SH. R.C. MEENA, MEMBER

ORDER

The complainant has filed the present complaint against the OPs under section 35 of Consumer Protection Act, 2019. The brief facts as alleged in the complaint are that the complainant had booked a commercial shop in respondent’s future and proposed (F&P) project in the month of January, 2007. Complainant has mentioned in para 1 of the complaint:-

        “That in the year 2007, the respondent had advertised that the company is going to launch a commercial project in near future in and around Sonepat, Haryana.”

As per Para 3 of the complaint which read as under:-

        ”That with a view to open an Art Gallery and a workshop, the Complainant booked a commercial shop in respondent’s future and proposed (F&P) Project in the month of January, 2007. The Complainant also paid a sum of Rs. 1,00,000/- vide cheque No. 264800 dated 23.01.2007 drawn on the then Lord Krishna Bank as booking amount at the time of booking of proposed commercial project vide receipt No. 35 dated 30.01.2007.”

Before coming on the admissibility of the complaint let us read section 7(a) of the New Consumer Protection Act. 2019:-

        ”the expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.”

After goning through entire complaint, it is no where recorded that the Complainant has booked this space for earning his livelihood by means of self-employment. Under these circumstances this complaint is dismissed as the Complainant is not a consumer in view of the new Consumer Protection Act. 2019.

Copy of the order may be forwarded to the complainant to the case free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in. File be consigned to Record Room.

 

Announced on 23.12.2020.

            

 

 

(ARUN KUMAR ARYA)                                                (R.C. MEENA)

                 PRESIDENT                                                                   MEMBER