Judgment

R.V. Raveendran, J. —

This appeal is against the Order dated 3.2.2004 passed by the National Consumer Disputes Redressal Commission (‘Commission’ for short) in Revision Petition No. 1878 of 2000. It relates to the question whether a land owner, who enters into an agreement with a builder, for construction of an Apartment Building and for sharing of the constructed area, is a `consumer’ entitled to maintain a complaint against the builder as a service-provider under the Consumer Protection Act, 1986.

The agreement

2.The appellant is the owner of premises no. L-3, Kailash Colony, New Delhi. He entered into a ‘collaboration agreement’ dated 17.5.1991 with the first respondent, the terms of which are, in brief, as follows :

(i)The owner shall place at the disposal of the builder, vacant possession of the premises and authorize the builder to secure necessary sanctions, permissions and approvals for demolition of the existing building and construction and completion of a new building.

(iii)The builder shall demolish the existing structure and construct a residential building consisting of ground, first and second floors, at its cost and expense.

(iv)The builder will have the right to