purchase of more than one flat not per se “commercial purpose”

".................. This Commission in Kavit Ahuja Versus Shipra Estate Ltd. & Jaikrishna Estate Developers Pvt. Ltd. & Ors., I (2016) CPJ 31 (NC) has laid down that merely because the Complainant has booked three flats, it cannot be said that it is for commercial purpose, and that the Complainant falls within the definition of “Consumer” within Section 2(1)(d) of the Act. The purchase can be said to be for a commercial purpose only when it is shown that the purchaser is engaged in the business of purchasing and selling houses/plots on a regular basis, solely with the view to make profit by sale of such houses. Without expressing final opinion, I am of the prima facie view that unless it is shown by bringing on record, some cogent material that a purchaser is engaged in the purchase and sale of flats/ houses on regular basis with a view to make profit by such sale, a mere purchase of more than one flat would not per se be sufficient to hold that the purchase was for “commercial purpose”. It is manifest from the order that after the pleadings and evidence has been brought on record, the fora would decide the question on its jurisdiction to entertain Complaints, before proceeding to deal with the rival stands of the claims made in the Complaints. This Commission also dealt with this aspect of purchase of more than one flat, whether it can be construed as commercial purpose or not in another decision dated 21.07.2015 in First Appeal No. 531 of 2015 betweenSai Everest Developers & Anr. Vs. Harbans Singh Kohli & Ors. The aforementioned law laid down by this commission establishes that onus to prove whether the purchase of houses is for commercial purpose or not shifts to the Opposite Party and in the instant case the State Commission has dismissed the Complaints in limine."

Source

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

FIRST APPEAL NO. 115 OF 2017

(Against the Order dated 07/09/2016 in Complaint No. 827/2016 of the State Commission Delhi) DOD- Dated : 27 Feb 2017