Consumer--Housing-- Mere Leasing of Residential Flat Does Not Categorise as Commerical Purpose
Mere leasing of a residential flat after taking possession does not exclude a purchaser from the definition of "consumer" under Section 2(1)(d) of the Consumer Protection Act, 1986. The dominant purpose of the transaction is determinative of exclusion. A close and direct nexus with profit-generating activity must be established. The burden of proving that the purchase was for commercial purpose lies on the service provider, not the complainant.
