JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)
1. Learned counsel for the parties present.
2. There is a delay of 5 days in filing this revision petition. An
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application for condonation of delay has been filed. For the reasons detailed in the application for condonation of delay, the delay is hereby condoned.
3. The facts of this case are these. The parties entered into an agreement, wherein it was agreed that the builder/respondent would construct the flats. Out of these flats, 18 flats were to be given to the builder and 12 flats were to be given to the complainant. 12 flats were handed over to the complainant on 30.3.2009 and there was delay in -3-
handing over the flats. The same were to be given to the complainant on 18.12.2005. The complainant has claimed rent of Rs.16,33,193/- for the delay and for losing the rent for such huge time. The complainant has also claimed electricity bills, property tax bills etc.
4. The main question is whether the petitioner is a 'consumer' or not. The State Commission came to the conclusion that he is not a consumer. Learned counsel for the complainant-petitioner has invited our attention towards the Supreme Court authority reported in Faqir Chand Gulati vs. Uppal Agencies Pvt. Ltd & Another 2008(10) SCC 345. The facts of that case are altogether different. In that case, the only one plot was given for the construction. The complainant was to have the ground floor and the upper flour was to be given to the builder. However, the position of the complainant in this case is altogether different. He is an LIC Development Officer and is residing at MVP Colony, Visakhapatnam. 12 flats have been given to him and out of that he has sold out four flats. It is thus clear that his case does not come within the ambit of Section 2(1)(d)(i)(ii) with explanation of the Consumer Protection Act, 1986. His purpose is to sell those flats. There is not an iota of evidence that these flats were constructed for his personal use.
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The State Commission has very well written the order and cited few
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authorities which apply to this case to a hair. The revision petition has no force and the same is therefore, dismissed. No order as to costs.
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J.M. MALIK
PRESIDING MEMBER
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DR. S.M. KANTIKAR
MEMBER
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