MANU TALWAR AND ORS. Vs. BPTP LTD.

JUDGEMENT

(1.) The term " services availed by him, exclusively for the purposes of earning his livelihood, by means of self-employment", occurring in definition of 'consumer', in Explanation appended thereto, cannot be equated with extension of business activities, which are already in existence. Those are as different as 'chalk and cheese'. The main controversy revolves around the question, "whether, the complainants, Manu Talwar ,Mand Smt. Reshma Talwar, complainant Nos. 1 & 2, respectively, who transact business in partnership, under the name and style of "Objects D' Art India", are 'consumers'?".

(2.) The present complaint was filed by the above said complainants. They made the following averments. Smt. Saroj Talwar, mother of complainant No.1 is the third partner. The partnership creates art and decoration pieces at its factory situated on Rampur Road, Moradabad. Smt. Saroj Talwar looks after the production at Moradabad and complainant No.1, also looks after production business for 3-4 days in a week, at Moradabad. The turnover of the business in the year 2013-14 was approximately Rs.29.00 crores, similar to the last year's turnover. The entire products of business are exported to various countries, including USA, Germany, France, Italy, Spain and other countries. The complainants have a Home Furnishing Products Factory premises at A-55, Sector-58, Noida. They are using this address also as the office of Moradabad business. However, with the enormous growth potential of the business, the complainants felt a compelling necessity of having an adequate office and demonstration unit at a prestigious and accessible location in the NCR of Delhi to serve the overseas clients. The complainants agreed to purchase two corporate suites in the BPTP District, exclusively for their own use in business and for the purpose of earning their livelihood. The complainants got enamoured by the BPTP Brochure which was connected with Skyway to the Grand Hyatt Hotel. Sh. Krishan Radhu and Smt. Menka Radhu, the parents of complainant No.2, also joined hands in the business and the family wanted to have three corporate Suites in the project to ensure a continuous bigger space for enhanced value and the office of the complainants in NCR of Delhi.

(3.) The complainants entered into an Commercial Space Buyer's Agreement, with BPTP Ltd., the OP, on 30.08.2011, for purchase of Suite Nos. 1116 and 1117 by complainants and adjacent Suite No. 1115 by Sh. Krishan Radhu and Smt. Menka Radhu on the 11th floor of 1st Tower. The complainants paid an amount of Rs.4,11,95,556/-, about 80% of the entire said consideration to the OP, by 30.01.2015. The OP vide letter dated 01.05.2015, unilaterally, changed corporate Suites allotted to the complainants from Suit Nos. 1116 & 1117 to 615 and 616. Floors have also been changed from 11th floor to 6th floor. The complainants had already paid the preferential location charges for the units 1116 and 1117. With the change of the suite Numbers, its contiguity with Suite No.1115 has been lost. They have also changed the unit of Sh.Krishan Radhu and Smt. Menka Radhu from 11th floor to 8th floor. Sh.Krishan Radhu and Smt. Menka Radhu, have filed a "suit", for refund of their amount, for breach of agreement. Thereafter, correspondence went on between the parties, but those did not ring the bell. Ultimately, this complaint was filed, with the following prayers :-