3. Learned Counsel for the petitioner submits that the finding, of
the learned National Consumer Disputes Redressal Commission to the
effect that the respondent was a "consumer" vis-a-vis the petitioner is
directly contrary to the recent enunciation of the law in para 25 of the
report in Janpriya Buildestate Pvt. Ltd. v. Amit Soni 1, which reads
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2021 SCC OnLine SC 1269
CM(M) 907/2022 Page 1 of 3Signature Not VerifiedDigitally SignedBy:SUNIL SINGH NEGISigning Date:07.09.202212:45:25
thus:
The Appellant relied on Civil Appeal No. 1065 of 2021, titled
Janpriya Buildstate vs. Amit Soni & Ors., decided on 07.12.2021 by the
Hon'ble Supreme Court. The Counsel for the Appellant submitted that the
District Commission failed to consider that the Respondent is not a
"consumer" under the Consumer Protection Act, 2019, as the Respondent
neither paid any consideration nor agreed to pay any consideration to the
Appellant. He further argued that the District Commission failed to
recognize that the complaint was bad in law for non-joinder of a necessary
party, namely Airbnb Ireland, the relevant Airbnb entity for Indian users of
the platform, and that the Respondent failed to implead it in the case.
The Appellant relied on Civil Appeal No. 1065 of 2021, titled
Janpriya Buildstate vs. Amit Soni & Ors., decided on 07.12.2021 by the
Hon'ble Supreme Court. The Counsel for the Appellant submitted that the
District Commission failed to consider that the Respondent is not a
"consumer" under the Consumer Protection Act, 2019, as the Respondent
neither paid any consideration nor agreed to pay any consideration to the
Appellant. He further argued that the District Commission failed to
recognize that the complaint was bad in law for non-joinder of a necessary
party, namely Airbnb Ireland, the relevant Airbnb entity for Indian users of
the platform, and that the Respondent failed to implead it in the case.