Dr. B.C. Gupta, Presiding Member—This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 14.1.2015, passed by the UP State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in Consumer Complaint No. 09/12, filed by the present appellant Dr. Poonam Agarwal, vide which, the said complaint was ordered to be dismissed on the ground that the complainant did not fall under the definition of consumer, as she had made booking for allotment of 3 flats.

2. The facts of the case are that the complainant/appellant Dr. Poonam Aggarwal who is a retired Chief Medical Officer, booked three flats with the opposite parties (OP) builder/developer at a price of Rs.30 lakh for each flat. It has been stated in the grounds of appeal that the flats were booked, one for the complainant herself and two for her daughters. A cheque for Rs.10 lakh dated 12.07.2009 was issued for booking of the first flat, a cheque for Rs.20 lakh dated 25.07.2009 was issued for the second flat and another cheque for Rs.20 lakh dated 18.08.2009 was issued for the third flat. The OP builders a