Dhananjaya Y. Chandrachud, J. - (1.) Admit.
(2.) The appellant filed a consumer complaint before the National Consumer Disputes Redressal Commission ("NCDRC"). The appellant alleged that there was a deficiency of service on the part of the developers in not executing agreements in respect of four flats which were booked by the appellant in a project called "Orchid Petals" located at Sector 49, Gurgaon. The following reliefs were sought in the complaint: "It is therefore, most respectfully prayed that this Hon'ble Commission may kindly be pleased to direct the opposite parties to: a. Execute the buyers agreement/sale deed with the complainant, qua flat Nos. 1103, 1203, 903 in tower no. 15 and flat no. 1402 tower no. 21 in Orchid Petals Condominium Complex 1 sector 49, Gurgaon, Haryana. b. Pay Rs five lakhs as compensation for the harassment, agony and pain suffered by the complainant. c. Pay cost of the proceedings; and/or d. Any other / further compensation as complainant may be entitled may also be granted.
(3.) The respondents raised a preliminary objection to the maintainability of the complaint in their counter affidavit on the ground that since the appellant had booked four flats, the purpose was resale and commercial gain. Hence, it was pleaded that the appellant is not a "consumer" within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 ("Act"). The averments in that regard in the objection raised by the second respondent are as follows:- "1. The complainant had applied for these flats with a clear intention of resale. The purpose by applying for four flats i.e. on such a large scale by the complainant was only resale for commercial gain. The complainant, as is apparent from his complaint, intended to make short term profits by selling the four flats which were tentatively allotted to his; subject to certain conditions. The complainant had no intention to use the four flats as a residential / dwelling unit for himself or his family ";