Person who has deposited earnest money along with application for allotment can be considered ‘consumer’

In CS Grewal v. M/s Taneja Developers and Infrastructure Ltd., first appeal has been filed under section 19, read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 04.04.2016, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in consumer complaint No. 05/2016, vide which, the said complaint was ordered to be dismissed on the ground that the appellant/complainant C.S. Grewal did not fall under the definition of ‘consumer’ u/s 2(1)(d) of the Act and hence, the consumer complaint was not maintainable.  It was held by the State Commission that the complainant had only applied for an allotment of plot and his application had not matured into an ‘allotment’ and hence, he could not be called a ‘consumer’.

The Ld. NCDRC said that the facts and circumstances on record makes it very clear that the allotment of a plot was duly made by the OP Builder in favour of the appellant/complainant and as per their own version, the letter dated 29.01.2009 was sent to him.  The OP Builder have stated categorically that due to non-payment of further amount on the part of the complainant, they cancelled the said allotment and sent the cancellation letter dated 06.01.2011 to him.  They have also admitted in their written statement filed before the District Forum that they had carried out the change in address in their record, following instructions received from the complainant. 

The Commission rejecting the decision of the State Forum by agreeing with the appellant by citing a decision of this Commission in “Harminder Kaur, Mandeep Kaur v. Haryana Urban Development Authority” (supra), in which, it has been held that after the deposit of earnest money alongwith application for allotment, a person does fall under the definition of ‘consumer’.