NCDRC denies refund to firm that bought 4 floors

The apex consumer commission has denied refund amount to a private firm, which had bought four floors in an upcoming project, saying the number of purchased floors suggested that it was for commercial purpose and the company could not be called a "consumer".
National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice D K Jain, passed the order in a case in which Banga Constructions Pvt Ltd had sought refund of the amount deposited by it as sale consideration.
The apex consumer commission was hearing an appeal filed by EMAAR MGF Land Ltd, which had sold four floors to Banga Constructions Pvt Ltd.

The appeal was filed against an ex-parte order passed by Delhi state consumer commission against EMAAR MGF Land Ltd.
"Having perused the documents on record, including the allotment letters, we are of the opinion that the said units had been acquired by respondent company (Banga Constructions Pvt Ltd) purely for commercial purpose and therefore, by no stretch of imagination, the respondent company could be said to be a consumer...," NCDRC said.
"It is manifest that four units booked by the respondent company with the appellant (EMAAR MGF Land Ltd) were meant to be used in some activity directly intended to generate profit. We are unable to hold that four units were acquired by the respondent for earning its livelihood by means of self- employment...," it said.

According to the complaint, the respondent company was allotted four different floors in the construction project, one measuring 2209 sq ft and three measuring 1477 sq ft each.
Later, however, the respondent company filed complaint against the appellant, praying for refund of the amounts deposited by them as sale consideration.
Delhi State Consumer Disputes Redressal Commission passed the ex parte order against the appellant firm after it did not appear before it.