SAHIL CHAUDHARY Vs. BHASIN INFOTECH

JUDGEMENT

(1.) Instant complaint has been filed by the complainant alleging deficiency in service on the part of the opposite party developer in respect of a shop/commercial space booked by the complainant in development project undertaken by the opposite party.

(2.) Sec. 2 (1) (d) of the Consumer Protection Act, 1986 defines the term "Consumer" as under: -

(3.) On reading of the above, it is clear that consumer is a person who buys some goods or hires or avails of services of someone for consideration whether present, past or deferred. Section, however, carves out an exception to the definition by providing that if goods are purchased or the services are hired or availed for commercial purpose in that event the person concerned will not be termed as consumer for the purpose of Consumer Protection Act. The explanation to the section gives a restricted meaning to the term "commercial purpose" and provides that if the goods are purchased or serves are hired or availed by a person for earning his livelihood by way of self-employment, in that event it would not be taken as if the goods purchased or the services hired or availed for commercial purpose.