Consumer Court judgement is contradictory to definition of Consumer as per  THE CONSUMER PROTECTION ACT, 1986 JUDGEMENT OF STATE COMMISSION, DELHI  Dated: 21.01.2016  (TDI vs. Yash Pal Saini & Sujata Saini - 2 cases) -    In complaint bearing No. 1270/2015, the case of the complainant is that he is a businessman and he decided to invest his money in some property as source of income that would generate livelihood and shelter for rest of his life. His sons went to United States of America for pursuing further studies and were not interested to join his business on return. He sold his Bhagirath Palace Sales Office on 08.02.2011 and invested in OPâs project to provide them basic accommodation on their return back to India and also adjust capital gain generated out of the sale of property -     In complaint bearing No. 1272/2015, the plea of the complainant is that she is a businesswoman/professional designer and she decided that she would invest her money in some property as a source of income that would generate livelihood and shelter for rest of her life. -     The question which arises is whether complainants are âconsumerâ? A bare perusal of above reproduction of the cases of the complainants shows that the complainants invested their money in the OPâs project. Thus they are not purchaser for self occupation. They invested their money with a view to earn profit by selling the same when the prices increased.        Both the complaints are notmaintainable. The same are dismissed in limini. My OBSERVATION ON STATE COMMISSION, DELHI JUDGEMENT  State Commission has treated me & my wife as Investor instead of consumers, whereas as per THE CONSUMER PROTECTION ACT, 1986 detailed here under, we fall under consumer, as detailed hereunder: -CHAPTER -1, PRELIMINARY, 2. Definitions. - (1) In this Act, unless the context otherwise requires,â,(d)  "consumer" means any person whoâ (i)    buys any goods for a considerationwhich has been paid or promised or partly paid and partly promised, or underany system of deferred payment and includes any user of such goods other thanthe person who buys such goods for consideration paid or promised or partly paidor partly promised, or under any system of deferred payment when such use is made with theapproval of such person, but does not include a person who obtains suchgoods for resale or for any commercial purpose; or Not applicable in our case (ii)   hires or avails ofany services for a consideration which has been paid or promised or partly paid andpartly promÂised, or under any system of deferred payment and includes anybeneficiary of such services other than the person who 'hires or avails of theservices for consideration paid or promised, or partly paid and partlypromised, or under any system of deferred payment, when such services areavailed of with the approval of the first mentioned person but does not include a person who avails of such services for anycommercial purposes; Explanation.â For the purposes of this clause, âcommercialpurposeâ does not include use by a person of goods bought and used by him andservices availed by him exclusively for the purposes of earning his livelihoodby means of self-employment; I am looking for a person/Advocate, who can guide me to go for appeal to teach lesson to builders like TDI &  Consumer Courts who protect them on one or the other ground and make consumers suffer.Thanks to everyone, who has spared his valuable time to read case history.My contact details are as under: -Thanks. YASH PAL SAINIMobile: 9811063192, 9971079229 Email- sainicoindustries@yahoo.co.in     sainicoindustries@gmail.com       From: Jago Grahak Jago To: sainicoindustries@yahoo.co.in Sent: Wednesday, 20 January 2016 2:38 PM Subject: New post "Rate a Brand or Service" in [Resolving Consumer Grievances Together]
more