IMPORTANT POINT
Commercial users cannot maintain consumer complaint.

V.K.Jain, Presiding Member—Additional evidence by way of affidavit has been filed by the opposite party, which is taken on record.

The complainant which is a company incorporated under the Provisions of the Companies Act 1956, booked a residential plot which the opposite party was to develop in its Uniworld City Project in Sector- 97, 106 &107 of Mohali, Punjab, on 31.01.2008, paying a sum of Rs. 12,50,000/- to the opposite party. The said opposite party provisionally allotted plot no. 79 admeasuring 420 sq. mtr. in block-A in Sector 106, to the complainant Company. As per the terms and conditions for registration of provisional allotment, the possession of the plot was to be delivered by the opposite party to the complainant within 36 months from the date of signing of the agreement to sell, subject to force-majeure circumstances and upon registration of the sale deed, provided all the amounts due and payable had been paid to the opposite party. Another condition of the registration was that the opposite party would pay to the allottee Rs. 50 per sq. yard per month of area of the plot, for any delay in offering possession of the plot beyond the period stipulated therein, subject to force-majeure event. The payment schedule agreed between the parties envisaged payment of Rs. 62,22,010/- in 12 instalments. Admittedly, the complainant paid 11 instalments, whereas the 12th and final instalment was to be paid on the final notice of possession which the opposite party never issued to the complainant.

2. Vide letter dated 22.08.2012, the complainant requested the opposite party to transfer the said plot in the personal name of its two Directors namely Mr. Somesh Rai Sahgal and Mrs. Shobhna Sahgal. The opposite party informed the complainant that though every transfer of allotment was subject to transfer charges, they could, as an exception case, allow the transfer of the allotment of plot in the personal name of its two Directors, subject to payment of token money of Rs. 5,000/- plus service tax. Since the possession of the plot has not been delivered to the complainant despite expiry of the time period stipulated at the time of allotment, the complainant is before us by way of this complaint, seeking refund of the amount which it has paid to the opposite party, alongwith rental loss compensation, cost of litigation etc.

3. The complaint has been resisted by the opposite party, inter-alia, on the ground that the complainant is an investor and not a Consumer within the meaning of Consumer Protection Act.

4. A perusal of the Memorandum of Association of the complainant Company would show that its main objects are as under:-

(i) To acquire by purchase, exchange or otherwise, free hold or lease hold lands and to construct houses and building and to hold or to sell, to give on ownership let, alienate, or otherwise deal with all or any of such lands, lenements or premises and to carry on the business of proprietors of flats, maisonnetts, dwelling houses, shops and offices.

(ii) To carry on the business as construction contractors including irrigation civil, electric, sanitary contractors and government contractors.”

It would thus be noted that purchasing land, raising construction on it and then selling flats etc. is one of the main objective behind incorporation of the complainant Company.

5. The resolution dated 10.04.2006, passed by the complainant Company, the authenticity of which was admitted by the learned counsel for the complainant during the course of hearing, reads as under:-

“Resolved that the company invest money for purchase of properties from Unitech Limited for their projects at different places, as may be decided, from time to time, by Shri Somesh Rai Sahgal and/or Smt. Shobhna Sahgal and/or Shri Shekhar Sahgal, Directors of the company, and the said three Directors or any of them be and are hereby authorised to take all the necessary steps on behalf of the company for making the said investments for purchase of