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

JudgeFor Appellant: Mr. Jitendra Choudhary, Advocate
PresidentMr. Ajit Bharihoke,Presiding Member and Dr. S.M. Kantikar,Member
Resolution DateDecember 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 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 purposes;

    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"

  3. On reading of Section 2 (1) (d) (i) & (ii) of the Act it is clear that the consumer is a person who buys goods for consideration or hires or avails of services for consideration. The section carves out an inbuilt exception to the aforesaid explanation by providing that if the goods are purchased for commercial purpose or the services are hired...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT