RAJESH GULATI Vs. DLF COMMERCIAL COMPLEXES LIMITED

JUDGEMENT

(1.) Rajesh Gulati has filed instant consumer complaint No.50 of 2011 against the M/s DLF Commercial Complexes Ltd. alleging deficiency in service on the part of the opposite party in respect of commercial unit booked by the complainants in the development project "DLF Tower", Shivaji Nagar, New Delhi.

(2.) The grievance of the complainant is that pursuant to the allotment, they have made a substantial payment to the opposite party/developers but the opposite party has failed to fulfil their promise of construction and delivery of the office premises, within the stipulated time. The consumer complaint is resisted by the opposite party on merits. Besides, preliminary objection has been taken that the complainants are not covered within the definition of "consumer" as envisaged under Section 2 (1) (d) of the C.P.Act, 1986 and, therefore, they cannot maintain the consumer complaint. Opposite party has also moved an application for rejection of the complaint.

(3.) On 15.4.2013, taking note of the fact that the issue raised by the opposite party is a mixed question of law and facts, we directed the opposite party to file affidavit evidence so far as the issue of maintainability is concerned. Both parties have filed affidavit evidence with regard to the issue whether or not the complainant falls within the definition of the "consumer"