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AJITH KUMAR D., RADHAKRISHNAN K. R.
S. Rajkumar – Appellant
Versus
Kerala Chamber of Commerce and Industry Chamber Corner – Respondent
JUDGMENT
Ajith Kumar D., Judicial Member.—This is a complaint filed by Sri. Rajkumar against opposite parties 1 to 4 attributing deficiency in service and unfair trade practice. The case of the complainant in brief is as follows:
The 1st opposite party is a company incorporated under the Companies Act having its registered office at Kochi. The 2nd opposite party is the present Chairman and the 3rd and 4th opposite parties are the Former Chairmen of the 1st opposite party. The opposite parties are directly involved in the affairs of the company. The complainant had booked a studio flat at the Kerala Trade Centre, a project of the Chamber of Commerce and he had paid a sum of Rs. 2,00,000/- (Rupees Two lakhs only) as booking advance and the 1st opposite party had issued a receipt for Rs. 1,00,000/- (Rupees One Lakh only) dated 03.12.2007. The 3rd opposite party who was the Chairman of the Company at the relevant time had assured that the construction will be completed soon and possession of the flat will be handed over to the complainant before December 2009. The booking was made on the basis of the assurance and representation made by the 3rd opposite party though no formal agreement
(1) Third party – The opposite party has contested the complaint on the grounds of maintainability alleging that the complainant was not a ‘consumer’ within the ambit of section 2(1)(d) of the Act as....
(1) Allegation – Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.(2) Allotee – Allottee cannot terminate co....
Commercial Purpose - Mere allegation, that the purchase of the said flat is for commercial purpose, cannot be the ground to reject the present consumer complaint.
Flat Buyer’s Agreement – Only a ‘reasonable amount’ can be forfeited by Opposite Party which cannot exceed 10% of total sale price of unit, in case of delay in payment by Buyer.
Earnest money – As the allotment letter was not signed/accepted by the Complainants, the Opposite Party does not have any right to deduct the earnest money and cannot use or sit over the Complainants....
Commercial Space - commercial purpose does not include if it is for the purpose of earning his livelihood by means of self-employment.
Consumer definition under the Consumer Protection Act clarified; purchasing flats for family does not constitute commercial purpose.
(1) Purpose of pecuniary jurisdiction – purpose of pecuniary jurisdiction, the value of services hired or availed plus compensation shall be the value for the purpose of pecuniary jurisdiction.
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