Whole crux of complainant’s case is that , the complainants deposited sum of Rs.1,10,000/- to the OP Alchemist Infra Reality Ltd, having its office in New Delhi 110020. The complainant paid the money on 2.1.2010. The complainant got one certificate i.e. “certificate of property” in the name of the complainant and his wife. Estimated value after 2.1.2016 would

be Rs.2,20,000/- . After expiry of 2.1.2016, the complainant along with all necessary documents went to the Branch at G.T.Road, Serampur but the complainant was not got any help for encashment of the certificate issued by Alchemist Infra Reality Ltd.  But the complainant did not get the amount.  The complainant sent legal notice to the Op no.2, but no reply. Hence this case.

                                                            POINTS FOR DECISION

1. Whether the complainant is a consumer ?
2. If there is any deficiency on the part of the oP ?
3. If complainant is entitled to get any relief ?

DECISION WITH REASONS :

            Point no.1

                        Consumer means as has defined in 2(d)(i) of the C.P.Act, which runs as follows : “buys any goods for a consideration which has been paid or promised or partly paid and parly 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 partly 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  ;”

            So as per definition laid down in this Act, this complainant is not a consumer as he has invested some amount of money before Op no.2 . Thus, this issue goes against the complainant.

Point no.2

            So there is no deficiency in service which is not calculated as there is no deficiency in service within the clause of Consumer Protection Act. This point goes against the complainant.

Point no.3

            So , the complainant is not entitled to get any relief as per provision 14 of Consumer Protection Act, 1986.  So, after deliberation we are of opinion that the case fails as it is not within the purview of the Consumer Protection Act. Hence –

                                                                        It is ordered

            That the C.C. no.57 of 2016 be and the same is dismissed exparte .

            Let a copy of this order be made over to the parties free of cost.