Delay of 34 days in filing the appeal is condoned.

        Complainant/appellant booked a commercial space in ‘Vipul World Commercial Project’ of the respondent at a tentative price of Rs.57 lakh and deposited the booking amount of Rs.8,55,000/-.  Thereafter she deposited Rs.5,70,000/- on 8.7.2006 and Rs.5,70,000/- on 8.8.2006.  Space was not allotted to the appellant.

        Being aggrieved, appellant filed the complaint before the State Commission.

        State Commission, relying upon the decisions of this Commission in Monstera Estate Pvt. Ltd. Vs. Ardee Infrastructure Pvt. Ltd. – IV(2010) CPJ 299 (NC) and SKG Engineering Pvt. Ltd. Vs. Emaar MGF Land Pvt. Ltd. – III(2010) CPJ 260 (NC) held that since the space had been booked for commercial purpose, complaint filed by the appellant was not maintainable; that the appellant did not fall within the definition of the word ‘consumer’ as given in Section 2(1)(d) of the Consumer Protection Act.

        Counsel for the appellant seeks to withdraw the appeal as well as the complaint reserving liberty with the appellant to seek redressal of her grievances before any other Forum/Court. 

Prayer is accepted.  Appeal as well as the complaint is dismissed as withdrawn.  Liberty is reserved with the appellant to seek redressal of her grievances in any other Forum/Court along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs. PSG Industrial Institute – (1995) 3 SCC 583.