Ajit Bharihoke, Presiding Member—Devesh Wadhwa and Sanjay Kalra have filed the instant joint complaint against M/s MGF Land Ltd., the opposite party developer alleging deficiency in service on the part of the opposite party in respect of the development agreement pertaining to one unit located on 6th floor of the commercial complex, the Palm Spring Plaza undertaken to be developed by the opposite party.

2. On consideration of the complaint a pre-admission notice was directed to be issued to the opposite party. The opposite party on appearance raised a preliminary objection that as the services of the opposite party were availed for commercial purpose the complainants are not the consumers as envisaged under Section 2 (1) (d) of the Consumer Protection Act, 1986 and as such they have no locus standi to maintain the instant consumer complaint.

3. I have heard learned counsel for the parties on admission as also maintainability of the complaint. Learned Shri Aditya Narain, Advocate for the opposite party has taken me through the complaint as also the relevant builder buyer agreement annexed thereto and submitted that on reading of the above it is clear that the complainants had boo