2009 INSC 0007
                                    SUPREME COURT OF INDIA

                                               Trupti K. Patel

                                                      Vs.

                                      M/s. Rocklines Constructions

                                               C.A.No of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  05.01.2009

                                                   ORDER

Delay condoned.

1. Heard learned counsel for the parties.

2. 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 Another1 in which this Court dealt with a case similar to that of the
appellants and held that complaint is maintainable.

3. 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.

4. 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.

12008 (10) SCC 345                                       SpotLaw
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