J. M. Malik, Presiding Member —The key question which revolves round this case is, “Whether, parallel proceedings before Civil Court and this Commission can continue? Is it desirable to entertain the case under the Consumer Protection Act, when the subject matter of the complaint is already pending before the Civil Court. Moreover, whether, the complainant has the characteristics of a ‘consumer’ under the C. P. Act, 1986, to become a ‘consumer’.

2. The complainant is a private limited company registered under the Companies Act, 1956. It is carrying on the business of civil engineering and construction works in major projects and was executing such contracts for the last about more than seven years from the date of filing of this complaint, on 11.12.2002. The complaint is filed through its Directors, Sh. Sameer R. Shah, Sh. Vijay C. Mehta and Sh. Mukesh C. Vohra. The complainant is a Member of the Builders’ Association of India and two of its Directors are Members of Maharashtra State Chamber of Housing Industry. They applied for a flat bearing No.304 in the Project, known as, Royal Palms Estate, floated by the OPs, in the building ‘Moroccan’ for the use and occupation and for t