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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A.P. Sahi, President, Bharatkumar Pandya, Member
Mrs. Chandra Prabha Sharma – Appellant
Versus
M/s Imperia Structures Ltd. – Respondent
| Table of Content |
|---|
| 1. consumer definition and maintainability context. (Para 1 , 2) |
| 2. court's evaluations on consumer status under cp act. (Para 3 , 7) |
| 3. overview of evidence and legal principles regarding commercial purposes. (Para 4 , 6) |
| 4. arguments and claims regarding the nature of the transaction. (Para 5) |
| 5. appeal is allowed and complaint to be resolved on merits. (Para 9) |
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
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