ORDER Date: 29th Sept 2016
Manju Bala Sharma, Member
Present complaint has been filed by the complainant on 26/05/2016 stating therein that on 30-12-2012 the complainant purchased 100 sq. feet office space from OP by paying Rs. 5,92,786/- (Five Lacs Ninety Two Thousand Seven Hundred Eighty Six) to get regular income for her livelihood. She further stated that OP assured her that after getting the possession of the same she can sale it off and will get a good income for her old days.
From the facts mentioned above, it is clear that the property purchased is an office space for commercial purposes for getting gain and therefore the complainant does not come within the ambit of ‘consumer’ within the meaning of Section 2 (1) (d) of Consumer Protection Act 1986. Similar view was taken in the case of National Dairy Research Institute (Deemed University) v. Sheldon Manufacturing Inc. & Ors, II (2013) CPJ 275 (NC) in which the Hon’ble National Commission has held as under:-
‘’The requisite machine was purchased for commercial purposes only. Purchase of a machine by an institute cannot come within the term ‘’services’’ availed by the petitioner i.e. Institute, exclusively for the purpose of earning its livelihood, by means of self-employment. ‘’
As the Complainant is not a consumer within the meaning of Section 2 (1) (d) of the Consumer Protection Act 1986, the complaint is not maintainable and is hereby dismissed.
File be consigned to Record Room.
Announced on this .....................
