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Case nº Consumer Case No. 1867 of 2016 of National Consumer Disputes Redressal Commission, Thursday December 01, 2016 (case Shanon Restaurant And Resorts Pvt. Ltd Vs Emaar Mgf Land Ltd.)

Judgment Cited in Precedent Map Related
JudgeFor Appellant: Mr. Jitendra Choudhary, Advocate
PresidentMr. Ajit Bharihoke,Presiding Member and Dr. S.M. Kantikar,Member
Resolution DateThursday December 01, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

  1. Shorn off unnecessary details, instant complaint has been filed by M/s Shanon Restaurant & Resorts Pvt. Ltd. against the developer EMAAR MGF Land Ltd. alleging deficiency in service on the part of the opposite party in respect of builder buyer agreement entered into between the parties in respect of commercial space.

  2. We have heard arguments on admission. The first and foremost question which arises for consideration is whether or not the complainant is a consumer as envisaged under Section 2 (1) (d) of the Consumer Protection Act, 1986 and if not whether the complaint is maintainable? In order to find answer to this question, it would be useful to have a look on Section 2 (1) (d) of the Consumer Protection Act, 1986 which defines the term "Consumer". The definition reads as follows: -

    "(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...

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