National Consumer Disputes Redressal
Sunil Gupta vs Today Homes & Infrastructure (Pvt.) ... on 3 February, 2014
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER COMPLAINT NO. 5 OF 2014 Sunil Gupta S/o. Sh. D.R. Gupta R/o N-155, Panchshila Park New Delhi 110 017 Complainant Versus Today Homes & Infrastructure (Pvt.) Ltd. Statesman House, 8th Floor Barakhamba Road, New Delhi Also at : B-21, First Floor, Sector-2, Noida Opposite Party And CONSUMER COMPLAINT NO. 6 OF 2014 Sunil Gupta S/o. Sh. D.R. Gupta R/o N-155, Panchshila Park New Delhi 110 017 Complainant Versus Today Homes & Infrastructure (Pvt.) Ltd. Statesman House, 8th Floor Barakhamba Road, New Delhi Also at : B-21, First Floor, Sector-2, Noida Opposite Party BEFORE: HONBLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER HONBLE DR. S. M. KANTIKAR, MEMBER For Complainant in both cases : Mr. Arvind Bhatt & Mr. A.K. Mishra, Advocates PRONOUNCED ON _3rd February, 2014 ORDER
JUSTICE J.M. MALIK
1. The principal controversy revolves around the question, Whether, the complainant, Sh.Sunil Gupta, is a consumer, in this case?. This judgment shall decide two complaints which are mentioned above. Both the complaints filed by the same complainant are against the same Opposite party. They entail the same questions of law. Therefore, those will be decided by a common judgment.
2. This is an admitted fact that Sh.Sunil Gupta booked two Villas, one, M-26, Opulence Villa, Mayfield Garden, Gurgaon, measuring 826.81 sq.yds with superstructure (consisting of Ground, First and part Second Floor measuring 6,500 sq.ft. as the built-up area with front and rear courtyard) and the other, M-1, Opulence Villa, Mayfield Garden, Gurgaon, measuring 1029.75 sy.yds (861 sq.mts) with superstructure (consisting of Ground, First and part Second Floor measuring 6,500 sq.ft. as the built-up area with front and rear courtyard). The moot question is, Whether, a consumer can book two different Villas, while this is an admitted fact that Sh.Sunil Gupta and his family resides in a third house, bearing No.N-155, Panchshila Park, New Delhi 110 017?. Counsel for the complainant submits that this house belongs to the complainants father and the complainant has no house in his name.
3. We have perused the pleadings. He has explained how he is a consumer, in paras 48 & 51 of both the complaints, respectively. The said para, which is same in both the cases, runs as follows:-
Complainant is a consumer. He has bought the property for his personal use. The actions of the THIPL are mischievous and not understandable. They amount to deficiency in service. In these circumstances, it is necessary that this Honble Commission is approached and appropriate orders are granted.
4. The namby pamby pleas set up by the complainant are vague, evasive and lead the Commission nowhere. In both the cases, he has stressed that he has bought the property for his personal use. The learned counsel for the complainant also pointed out that Consumer Protection Act, 1986, vide section 2(1)(d), does not make any distinction between one or a number of flats. It is the sweet choice of the consumer to purchase as many residential Villas, as he wants. He has also invited our attention to Section 11 of Consumer Protection Act, 1986, and according to him, there lies no rub in getting the two independent houses, besides, the third house, his father is holding. He has also invited our attention towards the judgment of this Commission, titled as M/s.
Controls & Switchgear Co. Ltd. Vs. M/s. Daimlerchrysler India Pvt. Ltd. & Anr., in Original Petition No.9 of 2006, decided on 17.09.2007, wherein two luxurious brand of cars, namely, Mercedez-Benz, were purchased by the same consumer. It was held that the said two Mercedez-Benz cars were not purchased for commercial purposes.
5. We are unable to clap any importance with these arguments. Purchase of motor car and purchase of two flats are entirely different. Those cannot be equated.
6. Counsel for the complainant states that the complainant has purchased one house for his son and the other for his daughter.
7. The learned counsel, instead of touching the heart of the problem, just skirted it. He could not invite our attention towards pleadings.
All these facts are conspicuously missing. Who are the family members, are they minor or major, married or unmarried, why there is need of second and third house, etc., have not been explained.
8. This Commission, in case titled, Chilkuri Adarsh Vs. ESS ESS VEE Constructions, III (2012) CPJ 315, has held, as under :-
Arguments of the learned Counsel have been considered. However, we are of the view that the complaint as presented cannot be maintained before a Consumer Fora, like ours, as the agreement was for the construction of two showrooms, which obviously relate to commercial purpose and the complainant, therefore, will not come within the definition of a consumer, as per Section 2(1)(d) of the Consumer Protection Act, 1986. This has been the consistent view of this Commission . It has held that even when a consumer has booked more than one unit of residential premises; it amounts to booking of such premises for investment/commercial purpose. This Commission in the case of Jagmohan Chabra and another Vs. DLF Universal Ltd., IV (2007) CPJ 199, in a somewhat similar case held that the complaint was not maintainable under the Consumer Protection Act, 1986. It had, therefore, disposed the complaint with liberty to the complainant to approach Civil Court. The said order has since been upheld by the Honble Supreme Court as Civil Appeal No. 6030-6031 of 2008, filed before the Supreme Court stands dismissed, vide Apex Courts order dated 29.09.2008.
9. The complainant is not a consumer. We cannot arrogate to ourselves the powers with which we are not armed with. Consequently, both the complaints are hereby dismissed. No order as to costs.
10. However, we reserve the right of the complainant to approach the appropriate Civil Court to seek his remedy, if so advised. He may take advantage of the ruling of the Honble Supreme Court in the case of Laxmi Engineering Works Vs. PSG Industrial Institute, II (1995) CPJ 1 (SC), to seek exclusion of the time spent in prosecuting these complaints before this Commission.
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(J. M. MALIK, J) PRESIDING MEMBER .....
(DR.
S. M. KANTIKAR) MEMBER dd/8 & 9