Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... after considering the facts of the admitted case we are of the view that complainant-respondent does not come within the definition of consumer as defined under section 2(1)(d) of the consumer protection act. a consumer means (i) buys any goods for consideration .... thus not applicable, (ii) hires or avails of any services for a consideration which has been paid .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... administration for consideration and the complainant was entitled to be carried safely in the train upto its destination in the reserved compartment. referring to section 147(2) of the railways act, 1989, it was further held by the national commission that if any person enters into any reserved compartment unauthorisedly, then besides being liable ..... persons named in the complaint petition including his daughter. the word consumer has been defined in section 2(1)(d) of the consumer protection act. a plain reading of clause (ii) of sub-section (1) of section 2 of the act which specifically pertains to the hiring of services, would make it manifest that the statute visualises ..... of contract between the complainant and the opposite party and the complainant does not come within the definition of consumer as defined in the consumer protection act. 4. further case of the said opposite parties is that reserved berths in respect of which claim has been made were pre-occupied by rallyists of .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... for consideration to the public and therefore those who are allotted plots/houses from the board are clearly consumers falling within the definition in section 2(d) of the act. again under section 2(o) of the act the definition of the term service is very comprehensive : it means service of any description including banking, financing, insurance, transport, processing, ..... raised by the opposite party that the secretary to the government in the housing department was a necessary party suffice it would to refer to section 63(1) of the housing board act which lays down that all asset and liabilities relating to the work of allotment of houses/plots of the housing department of the state ..... the board renders to the public for a consideration is clearly covered by section 2(o) . 5. in the light of above findings of the national commission we have no doubt that complaint filed by shri roy against the housing board is maintainable under the act. 6. so far as the point of his case still being .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... is a consumer under the c.p. act and the district forum has clear jurisdiction to entertain and dispose of the complaint. the impugned order and the facts of the case clearly indicate that there was ..... answer papers, unreasonable delay in publishing results, etc. are administrative aspects relating to education and thus not excluded from the definition of service under the c.p. act, especially when fees are charged for holding the examination as consideration. therefore, in the light of these rulings in the present case under consideration also, the complainant ..... 1952 and that the board does not render any service for hire as defined under the c.p. act and education does not come under the c.p. act. further the complainant is not a consumer under the c.p. act and the complaint was not maintainable under the consumer forum. 5. we have perused the records. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... complainant. the board was superseded on 4th september, 1996 and administrator was appointed. the appellant does not come under the definition of consumer as defined under section 2(1)(d) of the act, as such, the complaint was not maintainable and the finding of the district forum that complaint was maintainable was against the provision of law. education does not ..... students for re-evaluation. it is also the contention of the appellant that the complaint is not maintainable and the appellant being a statutory authority established under section 3 of the bihar school examination board act, 1952 and it can be sued and be sued and as such the complaint was itself not maintainable and no relief could be given to the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... complainant. the appellant contend that the proceedings before the district forum were not maintainable at air because the complainant respondent was not a consumer under section 2(d) of the act as no goods were purchased nor any services hired by him for consideration. the appellant have also challenged the findings of the district forum on ..... resolved under the provisions of post and telegraphs act and the consumer protection act, 1986 should, therefore, not be invoked in such complaint. suffice it would to say in this regard that section 3 -of the consumer protection act lays down that the provisions of this act will-be in addition to other act. we, therefore, hold that this is ..... a fit case for adjudication by the various for a under the consumer protection act, 1986. as for the findings of the district .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... in the instant case. the district forum has rightly held that cause of action in this case shall be guided under the provision of section 11(2)(c) of the consumer protection act because the bus was seized in the jurisdiction of the ara forum and the entire payment of the loan amount was also made within ..... the complainant was the consumer because under the definition clause 2(1)(d) sub-clause-ii of the consumer protection act hirer of any service also becomes consumer. sub-clause (o) to the section 2 of the consumer protection act includes financing service. therefore, the district forum has rightly held that complainant was a consumer because admittedly the entire ..... not been denied by the appellant. since the bus was purchased for self-employment, therefore, the complainant comes under the definition of consumer under the consumer protection act. 10. from the facts mentioned above it is admitted case that complainant was required to clear the loan by 14.3.2003 but with the seizure of the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... substance in the point being raised by the appellant. in this connection it is necessary to notice the definition of the complaint as given under the act. section 2(1)(c) of the act defines the word complaint and its relevant portion runs as follows : complaint means any allegation in writing made by a complainant that (i) any unfair ..... appellant relies to satisfy this commission that it has sufficient cause for not prefering the appeal within the period of limitation as specified u/section 15 of the consumer protection act (hereinafter called the act). it is mentioned by the appellant that he could know of the impugned order only when a copy of the impugned order was served ..... complaint; (iv) one or more consumers, where there are numerous consumers naming the same interest. 11. the complainant has filed this case as a consumer. section 2(1)(d) of the act has defined the word consumer: (d) consumer means any person who (i) buys any goods for a consideration which has been paid or promised or .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... on 5.10.1991. the complaint case was filed on 23.3.1993. there was no provision of limitation in the consumer protection act 1986 before 1993 amendment. section 113 of the limitation act, 1963, in such case will be attracted where limitation period prescribed is three years. the complaint petition thus is well within limitation ..... account of value of goods and compensation according to his own assessment. the jurisdiction of state commission in adjudicating this case is clearly made out according to section 17(a)(i). we therefore over- rule the objection raised by the opposite parties and hold that the complaint case is maintainable before the state commission. ..... parties the truck had been purchased by the complainant for commercial purpose and therefore the complainant according to provisions of 2(1)(b) of the consumer protection act, 1986, is not a consumer. he is therefore not entitled to file the complaint case before consumer disputes redressal agency. they further contended that the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... that the insured factory does not come within the definition of a consumer as raised by the opposite parties-insurance company in their written statement. section 2(1)(d) of the consumer protection act says "consumer means any person who hires or avails of any services for consideration which has been paid or promised or partly paid and partly ..... and in use and no sign of forceful entry was found. the claim of interest at the rate of 18% by the complainant is contrary to sections 2(b) and 3 of the interest act, 1978. they again contended that the claim for loss in the burglary was shown as rs. 6,48,960/- only when the complainant has made ..... 1 and 2, on being noticed, filed written statement disputing that the insured factory does not come within the definition of consumer as defined under section 2(1)(d) of the consumer protection act. the complainant has not filed any paper regarding the turnover of the factory before the commission as it would have proved at the first instance that .....
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