2017 (3) TMI 1942

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....one For the Respondent : ANIL KUMAR MISHRA-I And RAJIV NANDA JUDGMENT MADAN B. LOKUR, J. 1. In these appeals a very short question has arisen, namely, whether a complaint can be filed by a Trust under the provisions of the Consumer Protection Act, 1986 (for short, 'the Act'). The National Consumer Disputes Redressal Commission (for short, 'National Commission') answered the question in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (iv) one or more consumers, where there are numerous consumers having the same interest; (v) in case of death of a consumer, his legal heir or representative ; who or which makes a complaint; 3. It is quite clear from the above definition of a complainant that it does not include a Trust. But does a Trust come within the definition of a consumer? A consumer has been defined i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....such services other than 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; Explanation. − For the purposes ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... whether registered under the Societies Registration Act, 1860 (21 of 1860) or not 5. On a plain and simple reading of all the above provisions of the Act it is clear that a Trust is not a person and therefore not a consumer. Consequently, it cannot be a complainant and cannot file a consumer dispute under the provisions of the Act. 6. In view of the above, we are of opinion that the Nationa....