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Jurisdiction of fora in purchase of houses in commercial purpose National commission has decided a case in the matter between DLF Limited&others and Abdul Azam, Abdul Basit, Abdul Waseem, 11(2015) CPJ344 (NC) on 05.02.2015 on the above issue wherein appeals in six cases decided by the honorable State Commission of Delhi had been filed. The question of jurisdiction of the consumer courts is the main plea contending complainant is not a consumer as the purchase of flat was meant for commercial purpose...

‘We deem it appropriate to observe that since the Government of the day is keen to repeal all antiquated legislation , a legacy of Colonial Era, it’s high time to have a re-look at Indian Postal Act 1898,in particular on section 6 therein ,in order to infuse accountability ,competitiveness and efficient governance.’ This was the observations made by the National Commission in a case where entry letter for examination does not reach to a candidate resulting him to miss the exam but none could be held liable because willful act or default or fraud on the part of post office employees could not be proved and employees are protected under section 6 of Indian postal act reads as hereunder-...

It is further held by the Hon’ble commission that mere availability of the drinking water from the cafeteria would not be sufficient to enforce prohibition of carrying drinking water inside the cinema halls.If the drinking water is available for purchase from the Cafeteria of the cinema hall, that would not be enough, considering the high cost of the drinking water sold in the cinema halls. Not everyone may be in a position to afford drinking water at such a huge price, which normally is many times more than the price at which such water is available in the market outside the cinema halls. Therefore, he will be compelled to pay an exorbitant price for a basic necessity such as drinking water. The huge profit which the Cafeteria makes on sale of drinking water at such a price would obviously be shared with the owners of the cinema halls, in the form of license fee for the cafeteria. If the owner of the cinema halls himself is running the cafeteria, the entire profit from sale of drinking water, at such an exorbitant price, would obviously go to him....

n a matter of Kavita Ahuja v/s Shipra Estate Ltd v/s Jai Krishna Estate Developers Pvt. Ltd 1(2016)CPJ 31 (NC) & GVSN Murthy v/s Ms Suchir India Infratechp. Ltd. FA NO.65 of 2014 decided on 11.8.2015 it was held by the Hon’ble National commission as hereunder - “the general rule is that the consumer can purchase only one house ,if he is asking for exception , in that event, it is the complainant and nobody else who is carry the ball in proving that he has not purchased the same for commercial purpose “ In the above case complainant is stationed at Panipat and he is purchasing the flat six in number in kundli Panipat. During the arguments, complainant could not give any reason or motive for purchasing such flats....

n a matter of Kavita Ahuja v/s Shipra Estate Ltd v/s Jai Krishna Estate Developers Pvt. Ltd 1(2016)CPJ 31 (NC) & GVSN Murthy v/s Ms Suchir India Infratechp. Ltd. FA NO.65 of 2014 decided on 11.8.2015 it was held by the Hon’ble National commission as hereunder - “the general rule is that the consumer can purchase only one house ,if he is asking for exception , in that event, it is the complainant and nobody else who is carry the ball in proving that he has not purchased the same for commercial purpose “ In the above case complainant is stationed at Panipat and he is purchasing the flat six in number in kundli Panipat. During the arguments, complainant could not give any reason or motive for purchasing such flats....

It stands a landmark order in favour of consumers when builder threats to the customers for cancellation of unit and forces him to go on making payment inspite of the fact no work done ....

You would recall that we had made the booking only for investment sake to earn more yield on our money .we had booked these flats at peak time assuming that money will multiply with your esteemed organistion .But due to depressed market ,the rates of properties have gone down drastically and we have lost of money in the above deals instead of earning some money.” Beyond any reasonable doubt ,all these bookings were for the commercial purpose. On the basis of this admission National Commission held that if more than one flat is booked, it is treated as booking for investment purpose even the nature of property is residential. ---------------------------------------------...

Further authority has now taken up with food industries and academy for implementing safety and health norms for food manufacturing and consumption of food in academies which is a very innovative move of the time.Swasth Bharat and Swatch Bharat was the slogan of the day....

As regards the issue of negligence of the railway administration,vide circular dated 11.9.1998,Govt. of India ,Ministry of Railway published some of the important duties . a list of duties prescribed by railway administration "TTE for Sleeper Coaches" is brought on record. Of these, duties prescribed at Sl. No. 4, 14, 16 and 17 are very relevant....

As regards the issue of negligence of the railway administration,vide circular dated 11.9.1998,Govt. of India ,Ministry of Railway published some of the important duties . a list of duties prescribed by railway administration "TTE for Sleeper Coaches" is brought on record. Of these, duties prescribed at Sl. No. 4, 14, 16 and 17 are very relevant....

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