CDR V JOSHUA Vs. DIRECTOR GENERAL AIR FORCE NAVAL HOUSING BOARD

JUDGEMENT

(1.) The complainant is the retired Naval Commander and he is a member of the Airforce Naval Housing Board (for short the Board), a Society registered under the Societies Registration Act. The Board has been set up with a view to promote housing scheme for Airforce and Naval Personnel on all India basis as a welfare measure and it has its own memorandum of association and bye-laws. In Bangalore, the Board undertook to construct multi-storied apartments under the scheme called Honour-Banasawadi Scheme. The complainant was allotted Type-V House No.190. He has taken possession of the same. He noticed five deficiencies as stated by him in the complaint, in the said apartment and they were not rectified inspite of his request by the Board, he has filed this complaint with a prayer for directing the Board to allot suitable alternative Type-V house to him and to grant such other reliefs including compensation, etc.

(2.) The complaint is resisted by the respondents by contending inter alia, that as the Board is doing welfare service to its members on no profit no loss basis, the complainant is not a consumer within the meaning of Sec.2 (1) (d) of the Consumer Protection Act, 1986 and that the deficiency alleged by the complainant in his complaint cannot be called as deficiency as defined under Sec.2 (g) of the Act.

(3.) We heard the Learned Counsel for the parties on the question of jurisdictsion.