National Consumer Disputes Redressal
Sahil Chaudhary vs Bhasin Infotech & Infrastructure ... on 20 January, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 1924 OF 2016 1. SAHIL CHAUDHARY S/o. Of Sh. R.S. Kadian, R/o: A-1/63, Chanakaya Place, Part-1, Pankha Road, Opp-C-1, Janakpuri, New Delhi -59. ...........Complainant(s) Versus 1. BHASIN INFOTECH & INFRASTRUCTURE PRIVATE LIMITED Through Its (Chief Managing Director)Bhasin InfoTech & infrastructure Private Limited. Regd. Office :- 28, Raja Garden, New Delhi - 15. ...........Opp.Party(s) BEFORE: HON'BLE MR. JUSTICE AJIT BHARIHOKE,PRESIDING MEMBER HON'BLE MR. ANUP K THAKUR,MEMBER
For the Complainant : Mr.S.S. Jangra, Advocate For the Opp.Party : Dated : 20 Jan 2017 ORDER
Instant complaint has been filed by the complainant alleging deficiency in service on the part of the opposite party developer in respect of a shop/commercial space booked by the complainant in development project undertaken by the opposite party.
2. Section 2 (1) (d) of the Consumer Protection Act, 1986 defines the term "Consumer" as under: -
(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 the above, it is clear that consumer is a person who buys some goods or hires or avails of services of someone for consideration whether present, past or deferred. Section, however, carves out an exception to the definition by providing that if goods are purchased or the services are hired or availed for commercial purpose in that event the person concerned will not be termed as consumer for the purpose of Consumer Protection Act. The explanation to the section gives a restricted meaning to the term "commercial purpose" and provides that if the goods are purchased or serves are hired or availed by a person for earning his livelihood by way of self-employment, in that event it would not be taken as if the goods purchased or the services hired or availed for commercial purpose.
4. We have heard learned counsel for the complainant on the issue of maintainability. Learned counsel for the complainant states that the case of the complainant squarely falls within the explanation to Section 2 (1) (d) of the Act as he had booked the commercial space with the intention to use the same for setting up in future a small business for earning his livelihood by means of self-employment. We had asked the complainant to file his affidavit to clarify the situation. In his affidavit dated 19.12.2016 the complainant had admitted that at present he is working with 'Corinthia Hotel' Whitehall Place, London and earning salary of 18,500/- pounds per annum. It is further mentioned in the affidavit that the complainant had booked the commercial space with the intention to set up his own small business for earning his livelihood in future.
5. From the above, it is clear that at the time of booking of the commercial space, he was gainfully employed. Therefore, it cannot be said that the complainant booked the space at the relevant time with the intention to use the same for earning his livelihood by way of self-employment. In our considered view for the purpose of the explanation, the relevant date is the date on which the party enters into an agreement for hiring or availing the services. Therefore the explanation to Section 2 (1) (d) is of no avail to the complainant.
6. As the services of the opposite party were availed by the complainant for commercial purpose, he is not a consumer and as such he has no locus standi to maintain the consumer complaint. Complaint is accordingly rejected.
7. It is however, made clear that this order will not come in the way of the complainant to avail of his remedy by approaching appropriate Civil Court.
......................J AJIT BHARIHOKE PRESIDING MEMBER ...................... ANUP K THAKUR MEMBER