DR. ASOK CHERIYAN S/O. C.C. CHERIAN, THARAKANTANGU, KIZHAKKENADA CHENGANNUR - 689 121 KERALA Vs. KERALA TRADE CENTRE & 2 ORS. THROUGH ITS CHAIRMAN P.B. NO. 2530, CHAMBER CORNER, SHANMUGHAM ROAD, COCHIN

JUDGEMENT

(1.) (Oral) - The complainant who is a Non-Resident Indian, booked an apartment in a building namely Kerala Trade Centre which the OP No. 2 namely Kerala Chamber of Commerce & Industry was to develop on the land owned by OP No. 3 Cherupushpam Films Private Limited. The sale consideration for the aforesaid flat was agreed at Rs.59,76,000.00 and the possession was agreed to be delivered by Dec. 2009, subject to the complainant fulfilling all his obligations in terms of the agreement executed between the parties on 28.07.2009. The complainant has already paid a total sum of Rs.59,76,000.00 to OP No.2. Vide letter dated 24.01.2014, OP No. 2 informed the complainant that the project had been completed and was ready for occupation. He was further informed that they had started handing over of the apartments on one to one basis in order to enable the owners to proceed with the interior work. The interior work was accordingly carried out by him. The case of the complainant is that the possession of the said flat has not been handed over to him and the entire building has been attached by South Indian Bank, Banker of the builder. Though the flat allotted to the complainant was released at a later date, the common areas etc. according to the complainant still remain attached. The complainant is therefore, before this Commission seeking the following reliefs:

(2.) The complaint has been resisted by OP No. 2 on several grounds including that the flat in question having been purchased for a commercial purpose, the complainant is not a consumer as defined in the Consumer Protection Act.

(3.) Sec. 2(1)(d) of the Consumer Protection Act which defines the term Consumer , excludes from the said term, a person who purchases goods or hires or avails service for a commercial purpose. Para 2 of the preliminary objections taken in the written version reads as under: