Is studio apartment case be fought in consumer court?

Harinder Pal Singh (Querist) 07 January 2017 This query is : Resolved
I booked a studio apartment in Elvedor from Imperia Wishfeild Pvt.Ltd in Sector 37c Gurgaon on September 2012.Builder did not start the project till mid 2016.On refusal for refund of booking amount I filed case in consumer court Gurgaon .Now in argument stage builder claim Studio Apartments are only for Hotel rooms. So it is commercial property. Hence consumer court has jurisdiction to take case this case. Case be dismissed.
Whereas we claimed it is dual use property. Can be used for both residential n commercial.
Now can you guide me how to prove that it is not purely commercial property?
Or any previous case reference where consumer court took case for studio apartment n court asked the builder to refund the money.
Harinder Pal Singh
9212271004
Gurgaon

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