BHANUMATI S CHANDAN Vs. SUDEV VENTURES

JUDGEMENT

(1.) The instant complaint has been filed by Mrs. Bhanumati S.Chandan & other alleging deficiency in service on the part of the opposite party in respect of the shop booked by the complainant in the project undertaken by opposite party.

(2.) The contents of the complaint at the outset raise a question whether or not Mrs.Bhanumati has a locus standi to maintain a consumer complaint. In order to find answer to the above question, it is necessary to have a look on the definition of the "Consumer" as envisaged under Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986 ( in short, the Act) which is reproduced thus :-

(3.) On reading of the above, it is clear that a person is a consumer who hires or avails of service for consideration whether present, past or future provided, service has not been hired or availed for commercial purpose. The explanation to the above definition of consumer is carved out in the explanation to section 2 (1) (d), which defines that term commercial purpose does not include the service availed by the person exclusively for the purpose of earning his livelihood by means of self employment.