K. NAGESH Vs. OMAXE BUILD HOME PVT. LTD.

JUDGEMENT

(1.) These Appeals have been filed by the Complainant against the order dtd. 15/9/2016 by which the State Commission has decided his two Complaints No.365 of 2011 and 366 of 2011 and dismissed the same on the ground that the Complainant was not a consumer within the meaning of Sec. 2 (1) (d) of the Consumer Protection Act, 1986.

(2.) The brief facts as made out by the Complainant in his Complaints were that he had booked two flats No.003, Alexandra C., Sector 93-B, NOIDA and 803, Regent B Tower, 8th Floor, Sector 93-B, , NOIDA in the same project. In November 2008, the Opposite Party had cancelled the bookings of his two flats and aggrieved by the cancellation, the Complainant had filed the Complaints before the State Commission.

(3.) Upon receiving the notice, Opposite Party took the preliminary objection that the flats were booked for commercial purposes to earn profit by resale of those flats.