J.M. Malik, Presiding Member—The key question is, whether, the complainant is a ‘consumer’ and falls under Section 2 (1) (d) (ii) and the Explanation appended to it?.

2. The present complaint has been filed by a company, known as Shailaja Finance Ltd., Kolkata. The Opposite Parties, GTM Builders & Promoters Pvt. Ltd. and M/s. Sargam Estates Pvt. Ltd., OPs 2 & 3, respectively, are the joint owners/developers of the land measuring 58 bighas, situated at Village Mokhampur Khurd, Paragana Parwa Doon, Dehradun, Uttaranchal. The complainant company purchased nine apartments in ‘GTM Forests & Hills’, from the OPs. The said flats were purchased by the complainant company to use them for residential purposes only, for its Directors and Staff members, and for the Directors of M/s. Radico Khaitan Limited. It is explained that the complainant is the promoter of M/s. Radico Khaitan Limited which has its office in Dehradoon. The OPs did not handover the flats to the complainant. Consequently, the present complaint has been filed with the following prayers :-

“(i) Direct the Opposite Parties to hand over the possession of the 9 flats in Towers bearing Nos. FH-08 (Flat No. 201), FH-15 (