NCDRC _consumer has to establish commercial space booked for earning livelihood

1. NCDRC in CC/123/2015  titled as RAVI KUMAR v/s  M/S. S.S. CONBUILD PVT. LTD on  Dated : 10 Apr 2017 said as under:

  3.Section 2(1)(d) of the Consumer Protection Act, to the extent it is relevant, provides that the term ‘consumer’ does not include a person who buys goods or hires or avails services for a commercial purpose, the only exception being the purchase of goods or hiring services by a person exclusively for the purpose of earning his livelihood by means of self-employment.  Therefore, since the premises in question admittedly, is a commercial premises, it being a shop on the first floor of a shopping centre, the complainant cannot be said to be a consumer UNLESS HE IS ABLE TO ESTABLISH that he had agreed to purchase the said premises for the purpose of earning his livelihood by means of self-employment therein.

2. NCDRC in CC/246/2013 titled as Mrs. PRITI ARORA, v/s M/s ARN INFRASTRUCTURE INDIA PVT. LTD, on Dated: 06 Apr 2017 said as under:

8.   Admittedly, the complainant had entered into multiple MOUs for booking commercial spaces in the commercial project.  Therefore, it cannot be disputed that complainant has hired / availed of services of the opposite party for commercial purpose.  Therefore, unless it is established that case of the complainant falls within the ambit of the Explanation to Section 2 (1) (d) of the Act in view of Exception carved out in the definition of consumer, complainant is excluded from the definition of consumer.