BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.245 of 2023

      Date of Instt. 22.06.2023

      Date of Decision: 12.07.2023

Raj Kumar age about 38 years Son of Daljeet Singh R/o V.P.O. Lallian Kalan, Jalandhar.

..........Complainant

Versus

The Managing Director, PPR Associates, Silver Heights Apartments, Wadala Chowk, Nakodar Road, Jalandhar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:         Dr. Harveen Bhardwaj            (President)

 Smt. Jyotsna                           (Member)

 Sh. Jaswant Singh Dhillon      (Member)                      

Present:        None for the Complainant.

Order

Dr. Harveen Bhardwaj (President)

1.                The complainant has alleged that he is the owner of the Flat No.24, 2^nd Floor, Block-C, situated at Silver Heights Apartments, Nakodar Road, Jalandhar. He has further alleged that he had given the flat on rent to somebody and meter was also installed in his name in the flat, but the OP has stopped him from entering in the apartment/flat complex of which he is legally entitled. In order to file a complaint before the Consumer Commission, the complainant is to satisfy the Commission as to whether he is consumer or not as per the provisions of the Consumer Protection Act.

Section 2(1)(d) in the Consumer Protection Act, 1986

(d) “Consumer” means any person who,—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly 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; or

(ii) ¹² [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ¹² [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person ¹³ [but does not include a person who avails of such services for any commercial purpose];

                   In the present case, the complainant has produced on record the document, which is the booking agreement and he has also produced on record the receipt of payment made by him. From these documents i.e. Ex.C-1 to Ex.C-3, it is not clear to whom and by whom the payment was made and in what connection the same was made. The electricity bill of PSPCL, which shows that it relates to the period of 26.10.2017. No bill after 26.10.2017 has been filed on record by the complainant to show that he is in occupation of the flat nor any rent agreement has been filed on record to show that it was given on rent. As per the provision of Consumer Protection Act, OP has not given any services for consideration so far as the entering of the flat is concerned. So, as per the provision of Consumer Protection Act, he is not a consumer and complaint is not maintainable and the same is disposed of. Copy of the order be supplied to the complainant free of cost, as per Rules. File be consigned to the record room.

Dated           Jaswant Singh Dhillon   Jyotsna     Dr. Harveen Bhardwaj     

12.07.2023         Member                             Member          President