PRERNA MALHOTRA Vs. PUREATH INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The complainants booked a commercial unit with the OP in a project namely 'Central Square', which the OP was to develop at Bara Hindu Rao, Delhi and Unit No. P2-4016 was allotted to them for a consideration of Rs.83,84,000/-. The complainants claim to have already paid Rs.83,77,800/- to the OP. The possession of the said unit as per the agreement between the parties was to be delivered to the complainants by December, 2009. The possession having not been offered to them, they are before this Commission seeking refund of the amount, which they had paid to the OP, along with compensation.

(2.) The complaint has been resisted by the OP, which has taken a preliminary objection that the Unit allotted to the complainants being a commercial unit, they cannot be said to be the consumers within the meaning of Section 2(1)(d) of the Consumer Protection Act.

(3.) It is not in dispute that the project in which the unit was allotted to the complainants was a commercial building, the same being a complex of flatted factories.