Trupti K. Patel &
ANR. Vs. M/S. Rocklines Constructions & ANR.  INSC 7 (5 January 2009)
JURISDICTION CIVIL APPEAL NOS. OF 2009 (D.No.15761 of 2007) Trupti K. Patel and
Anr. ...Appellant(s) Versus M/s. Rocklines Constructions and Anr.
O R D E R
Heard learned counsel
for the parties.
By the impugned
order, the National Consumer Disputes Redressal Commission (hereinafter
referred to as `the National Commission') dismissed the original complaints as,
in its opinion, the complainants were not "consumer" within the
meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 (for short,
`the Act') and Respondent No.1 was not a "service provider" within
the meaning of Section 2(1)(o) of the Act. The point raised in this case is
concluded by the judgment of this case in Faqir Chand Gulati vs. Uppal Agencies
Private Limited and Another [2008 (10) SCC 345] in which this Court dealt with
a case similar to that of the appellants and held that complaint is
....2/- -2- In view
of this, the appeals are allowed, impugned order is set aside and the matter is
remitted to the National Commission for disposal of the complaints in
accordance with law after giving opportunity of hearing to the parties.
As the complaint
petitions were filed in the years 1998 and 1999, the National Commission is
requested to dispose of the matter as expeditiously as possible.