ASHWANI GAUTAM Vs. ATS INFRASTRUCTURE LTD

JUDGEMENT

(1.) This appeal has been filed under sec. 19 of the Act 1986 in challenge to the Order dtd. 21/12/2018 of the State Commission in complaint no. 307 of 2018.

(2.) Heard the learned counsel for the appellant (the 'complainant') and the learned counsel for the respondent (the 'builder co.'). Perused the record including inter alia the impugned Order dtd. 21/12/2018 and the memorandum of appeal.

(3.) Briefly, the complainant is a subsequent allottee of the subject flat, having purchased the same from the original allottee. He filed the complaint inter alia asking for the occupancy certificate, execution of the conveyance deed and the maintenance agreement and allotment of covered / basement car parking space along with pecuniary compensation. The pleadings had been completed and the evidence had been taken. The State Commission vide its impugned Order passed on miscellaneous applications preferred by the builder co. dismissed the complaint on the preliminary issue that the complainant was not 'consumer' within the meaning of Sec. 2(1)(d)(ii) of the Act 1986 since he had acquired the subject flat for 'commercial purpose'.