Today is fixed for filing ruling, if any & further admission hearing.

Ld. Advocate of the complainant is present & submits xerox copy of judgment in c/w Cosmopolitan Hospitals And Anr. vs Vasantha P. Nair on 21 April, 1992.

Heard Ld. Advocate of the complainant.

Para-7 runs as……………..

While denying their liability they have raised the objection that the complainants are not “consumers” as M/s Cosmopolitan Hospitals rendered ‘personal services’ exempted under Section 2 (1) (O) of Consumer Protection Act.

Para-8 runs as……………..

Rejecting the objections raised by the O.Ps, the State Commission held that the complainants who are the legal representatives of deceased Mr. Bhaskaran are clothed by operation of law with the rights which late Mr. Bhaskaran had to initiate action against the O.Ps on the ground of alleged deficiency in service and that those rights had not become extinguished by his death but remained enforceable by his legal representatives and the complainants are “consumers”.

Old Section 2 (1) (O) new Section 2(42) of the C.P.Act, 2019, means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

Apparently, complainant Binay Kumar Agarwala is not a consumer of W.B.S.E.D.C.L.

It is also apparent that his father Gangadhar Agarwala (since deceased) & elder brother Durga Datta Agarwala (since deceased) were the consumers of W.B.S.E.D.C.L who make correspondences with W.B.S.E.D.C.L & paid the bill, so this complainant, though one of the legal heir of Lt. Gangadhar Agarwala has no locus standi to lodge the consumer complaint against W.B.S.E.D.C.L.

Besides in Para-8 of complaint petition it is stated that before some days in absence of complainant meters (in name of Gangadhar Agarwala & Durga Datta Agarwala) were theft by someone, so deficiency of service & fraud practice by W.B.S.E.D.C.L is not found.

Hence, it is

O r d e r e d

that the complaint registered as C.C-41/2024 be and the same is rejected.