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Greater Noida Export Promotion Industrial Park Exporters Association (Regd. Through its General Secretary Shri Virender Kandwal & Others v/s UP State Industrial Development Corpn. Ltd.


Company & Directors' Information:- J J EXPORTERS LTD [Active] CIN = L17112WB1972PLC028631

Company & Directors' Information:- K S V EXPORTERS PVT LTD [Active] CIN = U52201KL1991PTC006093

Company & Directors' Information:- C K EXPORTERS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1983PTC015092

Company & Directors' Information:- K C D EXPORTERS PRIVATE LIMITED [Strike Off] CIN = U52599TN1996PTC035117

Company & Directors' Information:- INDUSTRIAL ASSOCIATION PVT LTD [Strike Off] CIN = U74140WB1925PTC005210

Company & Directors' Information:- EXPORTERS (INDIA) LIMITED [Active] CIN = U51109MH1949PLC007061

Company & Directors' Information:- R K D EXPORTERS PRIVATE LIMITED [Strike Off] CIN = U51909PB1995PTC017237

Company & Directors' Information:- B AND L EXPORTERS PVT LTD [Strike Off] CIN = U51909KL1994PTC007825

Company & Directors' Information:- C S A EXPORTERS PVT LTD [Strike Off] CIN = U51909CH1983PTC005685

Company & Directors' Information:- J S S EXPORTERS PRIVATE LIMITED [Strike Off] CIN = U51909TZ2005PTC011860

Company & Directors' Information:- J AND K INDUSTRIAL PARK PRIVATE LIMITED [Active] CIN = U74900JK2014PTC004237

Company & Directors' Information:- B R EXPORTERS PRIVATE LIMITED [Strike Off] CIN = U99999MH1973PTC016377

Company & Directors' Information:- EXPORTERS (INDIA) LIMITED [Dissolved] CIN = U99999MH1941PTC003430

Company & Directors' Information:- A D V DEVELOPMENT ASSOCIATION [Active] CIN = U01407DL1980NPL010291

    ORIGINAL PETITION NO. 4 OF 2010

    Decided On, 10 February 2010

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE K.S. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. R.K. BATTA
    By, MEMBER

    For the Complainant : Sandeep Prabhakar, Sanjay Rawat, Advocates. For the Respondents: -------



Judgment Text

R.K. BATTA, MEMBER


The case of the Complainant-Association, in brief, is that its members comprise of exporters and have been allotted industrial sheds under the scheme titled ?Export Promotion Industrial Park? at Greater Noida. The said plots are for setting up export oriented units; that substantial investments have been made in the said units for the purpose of contributing towards attainment of the object of industrialization of the state, creating employment, adding to foreign exchange earnings besides adding to the overall economic well being of the region. The complainants have also stated that the OP despite collecting exorbitant maintenance amount has neglected to provide basic facilties and infrastructure. The complainant claims a compensation of Rs. 4,04,09,375/- as also directions to OP to cease and desist and to recover or realize or otherwise enforce the bills and/or demands purportedly towards maintenance charges.


After having heard the Counsel for the complainant, we find that the complainants cannot be considered to be a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act since the transaction in question is for commercial purpose, which is specifically excluded under Section 2(1)(d) of the Consumer Protection Act. Papers placed on record show that huge payments are due from the Complainant-Assocation as can be seen from Page 147 onwards of the complaint. Be that as it may, the complaint in question cannot be entertained since the tramsaction is a commercial transaction which is

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specifcially excluded under Section 2(1)(d) of the Consumer Protection Act. In view of this, the complaint cannot be admitted and is hereby dismissed with no order as to costs.
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