CC:.No.1782/2019
Dated:30/11/2019
ORDERS ON MAINTAINABILITY
Perused the complaint and documents. In the present case inpara 3 of the complaint, the complaint itself has stated that it is a charitable trust, whether a consumer complaint can be filed by a Trust under the provisions of Consumer Protection Act
AComplainant is defined under Section 2(b) of Act is as follows:-
“COMPLAINANT means:
- a consumer or
- Any voluntary consumer association registered under companies Act,1956(1 of 1956) or under any otherlaw for the time being in force; or
- The central Government or any state Government or
(iv)One or more consumers, where there are numerousconsumers having the same interest.
(v)In case of death of consumer, his legal heir or representative; who or which makes a complaint;
It is clear from the above definition that complainant not include a Trust.
A consumer has been defined in Section 2 (i) (d) of the Act as follows:-
(d) “Consumer” means any person who,
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised , or under any system of deferred payment, when such use is made with the approval of such person but does not include a person who obtain such goods for resale or for any commercial purpose. Or
(ii) Hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payments and includes any beneficiary of such services other then the person who hires or avails of the services for consideration paid or promised or partly paid and partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services of any commercial purpose.
(For the purpose of the clause “ commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self employment)
On plain reading and simple reading of above provisions of the Act, it is clear that a Trust is not a person and therefore not a consumer. Consequently, Itcan not be a complainant and cannot file a consumer dispute under the provisions of the Act. Further it is held in PRATHIBHA PRATISTHANA & OTHER Vs Manager, Canara Bank & others - (IV(2017) CPJ 7(SC). Hence we are of the opinion that complaint is not maintainable. Hence the COMPLAINT IS HERE BY DISMISSED.
MEMBER PRESIDENT
