KUNDAN BALKRUSHNA DESHMUKH Vs. EMPIRE MALL PVT. LTD.

JUDGEMENT

(1.) The complainant booked five office premises being premises No. B-3-A, B-4/5, D6, D7 and D8 ad-measuring Carpet Area 5,523 sq. ft. in the development project "Prozone Trade Centre" undertaken by the OP. The Builder Buyer Agreement was entered into on 18.4.2012. According to the complainant, he has paid a sum of Rs. 72,49,140 against the agreed consideration amount. The OP has per the agreement had agreed to deliver the possession of the subject commercial premises latest by 18.12.2015 inclusive of grace period of one year. Hence, the consumer complaint.

(2.) Undisputedly the subject premises booked by the complainant are commercial premises located in a commercial project undertaken by the OP. We have therefore heard arguments on the maintainability of the complaint.

(3.) Sec. 2(1)(d) of the Consumer Protection Act, 1986 to the extent it is relevant, provides that consumer does not include a person who obtains goods or hires services for any commercial purpose.