Sunil Kohli & Anr. Vs M/s. Purearth Infrastructure Ltd. (Supreme Court )
If the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is yet a ‘consumer’
FULL TEXT OF THE JUDGMENT OF SUPREME COURT OF INDIA
These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) challenge the judgment and final order dated 03.04.2018 passed by the National Consumer Disputes Redressal Commission (for short “the National Commission) in Consumer Complaint No.62 of 2013 andIS also against the order dated 01.05.2018 passed by the National Commission dismissing Review Application No.129 of 2018 preferred by the appellants herein.
The facts leading to the filing of the aforesaid Consumer Complaint were set out by the National Commission in para nos.2, 3, 4 and 5 of its order dated 03.04.2018 as under:
“2. It is alleged that the complainants are non-resident Indians presently residing in Denmark. They intend to shift to India. Thus with the intention to earn their livelihood they booked shop No.P-3-115 having super area 1095 sq. ft. @ 9900 per sq. ft. Total consideration payable for the shop was Rs.1,08,40,500/-. As per the terms and conditions of the agreement the opposite party had assured to give possession of the shop to the complainants within two years from the date of commencement of construction. The consideration amount was payable in following manner:-
