2017 (3) TMI 1942 - SC - Indian Laws

Complaint for an unfair trade practice or a restrictive trade practice adopted by any trader or service provider - Whether a complaint can be filed by a Trust under the provisions of the Consumer Protection Act 1986? - HELD THAT - On a plain and simple reading of Section 2(m) 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. The National Commission was quite right in holding that the complaint filed by the appellant Trust was not maintainable. Since it is concluded that the complaint itself was not maintainable it is refrained from making any comment on the merits of the dispute - appeal dismissed.

Summary

Issues:
Whether a Trust can file a complaint under the Consumer Protection Act, 1986.

Analysis:
The judgment revolves around the question of whether a Trust can file a complaint under the Consumer Protection Act, 1986. The National Consumer Disputes Redressal Commission had initially ruled against the Trust's ability to file a complaint under the Act, a decision that was upheld by the Supreme Court. The core issue stems from the definitions provided in the Act regarding who can be considered a complainant and a consumer.

The Act defines a complainant as a consumer, a voluntary consumer association, the Central Government, State Government, or one or more consumers with similar interests. The definition of a consumer under the Act includes any person who buys goods or hires services for consideration, explicitly excluding those who obtain goods for resale or commercial purposes. The Act further defines a person, which encompasses various entities but does not explicitly include Trusts.

The Supreme Court, after analyzing the definitions and provisions of the Act, concluded that a Trust does not fall under the definition of a person as outlined in the Act. Therefore, a Trust cannot be considered a consumer and consequently cannot file a complaint under the Consumer Protection Act, 1986. The Court affirmed the National Commission's decision that the complaint filed by the Trust was not maintainable under the Act.

While the Court refrained from commenting on the merits of the dispute due to the conclusion regarding the maintainability of the complaint, it dismissed the appeals, thereby upholding the decision that a Trust cannot file a complaint under the Consumer Protection Act, 1986.