IMPORTANT POINT
Commercial users cannot maintain consumer complaint.

Rekha Gupta, Presiding Member—The complainants are the joint buyers/ purchasers of a constructed property of shop no. 20 on the ground floor in the project Vardhman Gallaria, situated at plot no.26/1 Knowledge Park III, Greater Noida, Gautam Budh Nagar, Uttar Pradesh. They have alleged that they were approached by the representatives of the opposite party upon learning that the complainants were looking to buy a shop in the vicinity of Delhi from where the complainants could start their own business. The complainants were advised to invest in Greater Noida as there were many business opportunities. Accordingly they visited the site concerned at Knowledge Park III in Greater Noida and saw the construction work in the project of Vardhman Galleria. After preliminary price negotiations between the complainants and the opposite party, the complainants were given an additional allurement by the opposite that they would be paid substantial monetary amount by the opposite party each month and the amount deposited would increase with OP on payments made by the complainants. The opposite party would accordingly, enhance the monthly monetary amount to the complainants. The said amount would continue to be paid by the opposite party by post-dated cheques till the possession of the booked shop was not legally handed over to the complainants. This additional monetary allurement convinced the complainants to book a shop with the opposite party. Accordingly a written builder-buyer agreement was executed between the complainants and the opposite party on 25th January 2010 for shop no. 20 in Vardhman Gallaria and the cost of which was Rs.59,32,720/-. As on 06.05.2011 the complainants had paid an amount of Rs.55,10,390/-. As per the agreement the opposite party monthly monetary return was Rs.55,104/- for the delayed possession. On 30.03.2015 the opposite party offered the possession subject to payment of balance amount. The complainants wanted that the balance amount be recalculated and did not take the possession of the shop, thereafter the complaint was filed on 28th February 2017 with the following prayers:

* Direct the opposite party (OP) to refund Rs.1,28,40,189/- inclusive of 18% simple interest per annum from the date of payments made to the OP as detailed earlier in paragraph no. 21 of the instant complaint;

* Further direct the OP to pay Rs.12,61,105/- inclusive of 18% simple interest as monthly monetary amount as detailed in paragraph no. 13 of the instant complaint;

* In addition to the above, direction may also be given to the OP to pay further monetary compensation of Rs.5,00,000/- for mental torture, cheating and harassment caused to the complainants on account of unfair trade practice and deficiency in service;

* Award of Rs.1,00,000/- towards litigation cost; and

* Grant such other and further reliefs as deemed fit and proper by this Commission in the interests of justice.

2. I have heard the learned counsel for the complainant. When the learned counsel for the complainant was asked as to how the complainants were consumers, the counsel for the complainant stated that the complainants were aged about 50 years and had booked the shop to earn their livelihood by starting business for the first time by means of self-employment. Counsel for the complainant was asked to file an affidavit regarding the annual income of the complainant from all sources.

3. Complainant has filed two sets of affidavits. The first affidavit of Ms Lubna Pervez was filed on 17th April 2017. Affidavit of Ms Lubna Pervez, complainant no.1 reads as under:

* Lubna Pervez wife of Sheikh Pervez Hameed aged 51 years, resident of A – 6, Friends Colony East, New Delhi, do hereby solemnly affirm and declare as under:

* I am the first complainant in the instant complaint; as such I am competent to swear the present affidavit;

* I booked shop no. 20 at Vardhman Galleria, Knowledge Park III, Greater Noida, Gautam Budh Nagar, UP exclusively for my self-employment to ea