ORDER

PER BHARATKUMAR PANDYA. MEMBER

1. Heard Mr. Nahar Singh, Advocate learned counsel for the Appellants and Ms.Vaishanavi, Authorised Representative for the Respondent.

2. This is an appeal against the order of the State Commission dismissing the complaint holding that the transaction was entered into by the complainant for commercial purpose and hence he would not be eligible as a complainant within the meaning of Section 2 (1 )(d) of the CP Act, 1986. The brief facts of the complainant case, as pleaded in the consumer complaint before the State Commission, are that the complainants, being senior citizens and retired persons dependent upon pension and limited family income, were induced by the respondent, a real estate developer, to book a studio apartment in its project known as “Imperia Residency” situated at Greater Noida, Uttar Pradesh, on the representation that the project would be completed within the stipulated period and that the unit would generate an assured monthly rental income. Accordingly, the complainants entered into a Memorandum of Understanding dated 13.05.2010 with the respondent for allotment of a 1 BHK Studio Apartment bearing No. C-413 admeasuring about 425