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Mr. Arun Kumar Sharma & Anr. vs Amr Infrastructure Ltd. & Anr. on 9 October, 2017

7.            Clause of assured returns indicates the complainants never intended to use the shop for earning their livelihood by self employment.  Rather it will be a case of leasing out the premises. This question recently came up before National Commission in CC No. 246/13 titled as Preeti Arora vs. ARN Infrastructure Pvt. Ltd. decided on 06.04.17 it was held that clear intention of complainant while booking space was not to use the same for earning her livelihood by way of self employment. Had that been the intention, the complainant would not have entered into lease clause with the OP.  Thus it is  clear that the case of the complainant does not fall  within the explanation of section 2 (1) (d)  of the Act. The complainant has booked commercial space, she cannot be termed as consumer in view of exception  carved out in the definition.  The complaint was dismissed.
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