A partnership firm qualifies as a consumer under the Consumer Protection Act, 1986, establishing rights to seek redress for deficiency in service.

1. The present complaint has been filed by the complainant before this commission alleging deficiency of service and unfair trade practice by the opposite party and has prayed the following:
(a) Direct the Opposite Party to deliver and hand over the plot having an approximate area of 250 Sq. Mtr. (299 Sq. Yds) in the project "ESENCIA" of the Opposite Party situated at Sector 67, Gurgaon, Haryana as was allotted in favour of the Complainant in terms of the letter dated 1.4.2010 accepting balance amount due and payable or in the alternate direct the opposite party to refund an amount of Rs.20,00,000 along with interest @ 18% p.a. w.e.f. 17.5.2010 from when the allotment of Complainant was confirmed till the date of payment and further an amount of Rs.2,55,00,000 towards damages on account of deficiency in services along with interest @ 18% pa.
(b) Award cost of the complaint in favor of Complainant; and
(c) Pass such other or further order(s) as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case.

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant registered itself for a residential plot in the upcoming project of the opposite party and paid Rs.20 lakh (Rs.5 lakh vide cheque and Rs.15 lakh in cash). Thereafter, an advance registration form was executed between the parties which provides that allotment of a residential plot will be done by the opposite party within 12 months from the date of registration form.
It is further mentioned in the registration form that if the allotment is not made within 12 months from the date of application, a simple interest of 10% p.a. shall be paid to the complainant from the period beyond 6 months up to the date the said offer of allotment is made. However, the opposite party failed to allot residential plot to the complainant within 12 months from the date of application. After regular follow ups and reminders, the opposite party vide letter dated 3.5.2010 demanded Rs.2,28,810 from the complainant. The complainant offered to deposit the said amount vide cheque dated 12.5.2010 but the opposite party refused to accept the same and directed the complainant to meet the representative of the opposite party. On 8.6.2010, the complainant visited the representative of the opposite party and then was handed over a letter dated 01.4.2010, which mentioned the subject as 'Offer of allotment in the township Essencia situate at Sector 67, Gurgaon, Haryana', wherein Rs.9,35,200 was demanded by the opposite party. On the same day, another call notice dated 29.5.2010 and 8.6.2010 was handed over to the complainant, wherein there was no mention of the amount of Rs.15 lakh paid in cash by the complainant. The complainant never received the letter dated 1.4.2010, 29.5.2010 & 8.6.2010 from the opposite party and was unaware of these letters before 8.6.2010. The complainant registered a protest stating the dispute of not adjusting the amount paid in cash towards the cost of the plot and the delivery of these letters to it but was of no avail. The complainant had shifted its place of business to 3/26, West Patel Nagar, New Delhi and duly communicated the same to the opposite party vide letter dated 15.7.2011. Thereafter, the complainant met Mr. Bawa Kapur (Manager of the Opposite party), who directed it to deposit Rs.20 lacs by way of pay order to adjust the entire account and then the plot will be handed over to the complainant vide letter dated 1.4.2010. Believing the words of the manager, the complainant immediately got pay order of Rs.20 lakh b