RAMESHWARAN Vs. SUJIT KUMAR BANERJEE

JUDGEMENT

(1.) In this appeal, challenge is to the order dated 15.11.2002 of Consumer Disputes Redressal Commission Jharkhand, Ranchi partly allowing complaint filed by the respondents/complainants against appellants/opposite parties.

(2.) In terms of the order dated 20.7.2004, it was decided to hear arguments on point of maintainability of complaint itself.

(3.) Respondents were the owners of land measuring 08.75 Kathas forming part of plot Nos. 597 and 598 situated in Hinoo under Doranda P.S. in Ranchi. Appellants 2-6 were the partners of appellant No. 1 who had been carrying on business of construction and sale of plots. Respondents and appellants entered into an agreement on 10.8.1995 whereunder construction on the said land was to be raised by appellants at their own cost and residential and commercial areas constructed, were to be divided amongst them in the manner noted in the agreement. Alleging breach of conditions of the agreement by the appellants, the respondents filed complaint claiming certain reliefs which was contested by filing joint written version by the appellants. One of the pleas raised in written version was that respondents are not the 'consumers' within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act, 1986 (for short the Act). State Commission answered that plea in favour of the respondents holding them to be the 'consumers'.