Fuchasia Developers Pvt Ltd vs Dlf Commercial Developers Limited

M /s Fuchasia Developers Pvt. Ltd. has filed instant consumer complaint against M/s Developers Pvt. Ltd. alleging deficiency in service in respect of the development project of commercial space undertaken by the opposite party no.1

ON reading of the allegations in the complaint, the first question which arises for consideration whether the complainant is a "Consumer" as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986?

WE have heard learned counsel for the complainant on maintainability of the consumer complaint. Learned counsel for complainant submitted that although the complainant/Company has booked a commercial space, the case falls within the ambit of Consumer Protection Act because the commercial space was taken for personal use of the Directors. We do not find any merit in the above contention. Section 2 (1) (d) of the Act defines the term "Consumer" as under :

(1) 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) [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 [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 [but does not include a person who avails of such services for any commercial purpose] ;

{Explanation For the purposes of this clause, "Commercial purpose does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self -employment}.

ON reading of the above, it is clear that a person is a "Consumer" if he buys any goods or hires or avails of any service for consideration but does not include a person who buys the goods or hires or avails of any services for a commercial purpose. Admittedly, in the instant case, the complainant has booked a commercial space in the project undertaken by the opposite party no.1. Thus, it is clear that service of the opposite party was availed for commercial purpose. As such in view of the exception in the definition of "Consumer", the complainant is not a "Consumer" and, therefore, he cannot maintain the consumer complaint.

THE explanation to Section 2 (1) (d) given a restricted definition to the term ''commercial purpose'' by providing that the commercial purpose does not include the goods bought and used or the service availed by such person exclusively for the purpose of earning his livelihood by means of self -employment. The complainant being a juristic person, the explanation does not come into the play.

IN view of the discussion above, the complainant is not a "Consumer" as such he cannot raise a consumer dispute. The consumer Fora, therefore, has no jurisdiction to entertain the dispute raised in this complaint. Complaint is accordingly dismissed as not maintainable. This, however, will not come in way of the complainant to avail of legal remedy by approaching the appropriate forum.