Heard counsel for the petitioner. The above revision petitions have been filed against the order of State Consumer Disputes Redressal Commission, Uttar Pradesh dated 21.03.2023 passed in appeal No.44/2012 and appeal No.820/2012 whereby the appeals have been dismissed and the order of the District Consumer Disputes Redressal Commission, Ghaziabad dated 07.12.2011 passed in CC/322/2005 has been upheld. V.P. Gupta has filed CC/322/2005 alleging that on 31.07.2005 he went to Shipra Mall for purchasing. He parked his car in the parking space of the mall and thereafter, he went to food bazar where he purchased food items of Rs.362.25/-. When he was coming out, he fell down in a hole due to which he received fracture in his shoulder. On this allegation, the complaint was filed. The District Forum after hearing the parties by the order dated 07.12.2011 held that as the complainant had purchased food items in a shop situated in Shipra Mall, the complainant was a consumer and the opposite party had committed negligence in not providing a safe zone to the consumer in a Mall due to which complainant received fracture. Therefore, the complaint was allowed and the State Commission has dismissed the appeals filed by the petitioners. The counsel for the petitioner submits that visiting in the mall does not make any person as a consumer of the mall owner. He submits that even if a food item was purchased by the respondent. He can make complaint only for defects of food items purchased by him and there could not be any other liability except from the food items. The argument is not liable to be accepted in as much as once it is found that the complainant had purchased the food items, he had become consumer of the shop. All incidental facilities relating to safety of the customers of the mall have to be maintained by the petitioner. There is deficiency in maintaining visiting places of the mall due to which the accident had occurred. There is no illegality in the impugned order. The revision petitions have no merits. The revision petitions are dismissed. The direction of the District Forum is modified and be complied within three months from today on the doctrine of merger. | 
