KISHAN MALHOTRA Vs. GOLD CAUSE CONSTRUCTIONS PVT LTD

JUDGEMENT

(1.) KISHAN Malhotra and his wife Manpreet Malhotra have filed the present complaint against the opposite party alleging deficiency in service in respect of the allotment of shop/commercial space on the first floor of proposed 'Paradise Mall' to be developed by the opposite party. The issue is since the complainants have booked a commercial purpose, whether they can be termed as 'consumer' in view of Section 2 (1) (d) of the Consumer Protection Act, 1986 ( in short, the Act)

(2.) WE have heard learned counsel for the complainants and perused the complaint. Before adverting to the submissions made on behalf of the complainant, it would be useful to have a look on the definition of "Consumer" as provided under section 2 (1) (d) of the Act, which reads as under:

(3.) ON reading of the above, it is clear that in case of hiring or availing of service, a person is a consumer who hires or avails of services for consideration but does not include a person who avails of the services for commercial purpose. The explanation to section, however, gives a restrictive definition to the 'Commercial Purpose" by proving that for the purpose of this section, commercial purpose does not include the services availed by the person exclusively for the purpose of earning livelihood by means of self employment.