ORDER

1.      A conflict of view expressed by Benches of this Commission, one in FA/1156/2014  Amit Chawla Vs. Parsvnath Developers (decided on 20.11.2014), Harpal Arya Vs. Housing Board Haryana, II (2016) CPJ 36 (NC) and the other in FA/211/2011 Smita Roy Vs. Excel Construction (decided on 14.02.2012), RP/1915/2015 Dr. Gopal Vs. Deorao Ganpat Kaore (decided on 11.12.2015), RP/1942/2013 T.K.A. Padmanabhan Vs. Adhiyan CGHS Ltd. (decided on 04.01.2016), CC/1055/2015 Rasheed Ahmad Usmani Vs. DLF Ltd. (decided on 02.07.2019), has given rise to the following issue that has been referred for consideration by a  larger Bench:-

“Whether an allottee of a residential flat/plot ceases to be a consumer of the builder/developer on taking possession of the flat/plot and/or execution of the conveyance deed of the said flat/plot in his favour without any protest or reservation?”

2.      The words “consumer”, “consumer complaint” “deficiency” and “service” as defined under Section 2 of the Consumer Protection Act, 1986, (hereinafter referred to as the Act) are quoted below:-

“Section-2 (7)- “consumer” mean any person who,-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid and partly promised, or under any system of deferred payment, when such use is made with approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails such services for any commercial purpose;

Explanation.- For the purpose of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning livelihood by means of self employment.

Section 2 (6):- "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—

(a) fixed by or under any law for the time being in force; or

(b) displayed on the goods or any package containing such goods; or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; or

(d) agreed between the parties;

(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—

 (a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) where the trader knows that the goods so offered are unsafe to the public;

(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;

(vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be.

Section 2 (11): - "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—

“Section 2(1) (o):- “service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facil