RAJNEESH MALIK Vs. BPTP LTD & 4 ORS

JUDGEMENT

(1.) The complainant, who is partner in a business firm, booked a commercial plot, measuring 200 sq. yds., with the opposite party in March, 2006 and agreed to pay a total consideration of Rs.65.00 lacs for purchasing the said commercial plot. The complainant claims to have paid more than Rs.58.00 lacs to the opposite party. The price of the said plot was later revised by the opposite party to Rs.70,49,600/-. According to the complainant, he decided to cancel the allotment and take refund of the amount paid by him. However, instead of making the refund sought by him, the opposite party issued a demand letter, asking for further payment of Rs.50,30,752/- from the complainant. This is also the grievance of the complainant that the plot allotted to him was changed from SCO-G64 to SCO-J02. The complainant is therefore, before this Commission, seeking payment amounting to Rs.58,29,400/-, alleged to have been paid to the opposite party, along with interest @ 18% per annum, which according to the complainant, comes to Rs.1,65,38,865/-. The complainant is also seeking compensation quantified at Rs.20.00 lacs, besides Rs.5.00 lacs towards the cost of litigation.

(2.) Since the plot allotted to the complainant is a commercial plot, we asked the complainant to file an affidavit disclosing therein the commercial premises owned or occupied by him in any capacity whatsoever, at the time the property in question was booked as well as thereafter, till filing of the complaint. He was also directed to file an affidavit disclosing therein his income at the time of booking was made and thereafter. An affidavit, in compliance of the aforesaid direction, has been filed by the complainant. We have heard the learned counsel for the complainant on the question as to whether he can be said to be a 'consumer' as defined under Section 2(1)(d) of the Consumer Protection Act, 1986 or not.

(3.) Section 2(1)(d) of the Consumer Protection Act, to the extent it is relevant, provides that consumer does not include a person who obtains goods or hires services for any commercial purpose. The explanation attached below the aforesaid provision excludes from the ambit of the term 'commercial purpose', use by a person of the goods bought and used by him and the services availed by him exclusively for the purpose of earning his livelihood by means of self-employment.