S.M. Kantikar ORDER
Ajit Bharihoke, J. (Presiding Member)
1. M/s. N P X Tower Owners Association through its Secretary Deepak Agrawal has filed consumer complaint against M/s. Hi-Lead Infotech Pvt. Ltd. alleging deficiency in service on the part of the opposite party in respect of Builder-Buyer Agreement executed between the members of the association and the opposite party in respect of shops/offices/food court space booked by them in the development project undertaken by the opposite party. It is alleged that the 53 members of the complainant association are consumers qua the commercial space booked by them because they had booked the commercial space with the intention of using the same for self-employment in order to earn their livelihood.
2. On reading of the complaint, the question arises as to maintainability of consumer complaint because prima facie the members of the complainant association on whose behalf the complaint has been filed do not appear to be consumers as envisaged under section 2 (1) (d) of the Consumer Protection Act, 1986. Therefore, at the outset, we have heard arguments on maintainability of the complaint.
3. Before adverting to the arguments on behalf of the complainants, we deem it appropriate to have a look on the definition of 'consumer' as provided in section 2 (1) (d) of the Act. The relevant Section reads as under:
(d) "consumer" means any person who-
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;
Explanation.--For the purposes of this clause, "commercial purpose" does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment."
4. On reading of the above, it is clear that a person is a consumer who buys any goods or hires or avails of any service for a consideration whether paid or partly paid or promised to be paid. The section, however, carves out an exception to the above definition by providing that if the goods are bought or the services are hired or availed for commercial purpose, then the said person would not be consumer. The explanation to section 2 (1) (d) however, gives a restricted meaning to the term 'commercial purpose' by providing that commercial space does not include the used by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood.
5. Learned counsel for the complainant-association has firstly contended that definition of consumer as envisaged under Section 2(1)(b) of the Consumer Protection Act, 1986 will not come into play in this case because the instant complaint has been filed by a consumer association which has been expressly empowered under Section 12(1)(b) to raise........