SANJAY SHARMA Vs. EMINENT INFRADEVELOPERS PVT LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant Sanjay Sharma, against the order dated 07.08.2019 of the State Consumer Disputes Redressal Commission, Delhi, (in short 'the State Commission') passed in CC No.672 of 2019. The consumer complaint has been dismissed vide order dated 7.8.2019 passed by the State Commission on the ground that the complainant is not a consumer as he has entered into an agreement with the opposite parties, where the opposite parties are obliged to give assured return to the complainant.

(2.) Learned counsel for the appellant stated that the complaint was dismissed in limine without giving notice to the opposite parties. Learned counsel stated that the State Commission has relied on two judgments of this Commission:-

(3.) Learned counsel stated that both judgments relate to commercial spaces and the case of the appellant relates to residential flat. Thus, the cases relied upon by the State Commission are not applicable in the present case. The complainant has booked residential flat with the opposite parties and as per the schedule of payment, the complainant is entitled to get 12% p.a. return on the amount paid, if the amount more than 50% is paid to the opposite parties. This provision does not imply that the flat has been purchased for commercial purpose. It was requested that the complaint be decided on merits rather than on any technical ground.