9911796707
TMI Blog2021 (9) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... of any services rendered by the respondent. There is no allegation that he has paid or promised any consideration for engaging the services of the respondent. The only assertion in the complaint is that he is the Karta of a Joint Hindu Family, therefore, he is entitled to file a complaint on account of the alleged deficiency of service by the respondent. The appellant herein is the Karta of a Joint Hindu Family. He cannot be said to be availing the services of a medical practitioner in respect of the pregnancy of his sister-in-law. The concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law. It is needless to mention that no objection regarding maintainability of complaint was raised either before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of his sister-in-law, being the Karta of Joint Hindu Family. Therefore, the complaint on his behalf would be maintainable. A complainant is defined under Section 2(1)(b) of the Consumer Protection Act, 1986, whereas a consumer is defined under Section 2(1)(d) of the Act as under :- (b) complainant means - (i) a consumer; or (ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or (iii) the Central Government or any State Government, or (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, he is entitled to file a complaint on account of the alleged deficiency of service by the respondent. Spring Meadows (supra) was a case of medical negligence in respect of a child. It was the parents of the child, who had filed a consumer complaint, which was found to be maintainable in terms of Section 2(1)(d)(ii). This Court held as under :- 12. In the present case, we are concerned with clause (ii) of Section 2(1)(d). In the said clause a consumer would mean a person who hires or avails of the services and includes any beneficiary of such services other than the person who hires or avails of the services. When a young child is taken to a hospital by his parents and the child is treated by the doctor, the parents would come withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sure the produce/goods stored in the cold storage to indemnify the produce in case of any casualty or accident by any means to cover the risk and also to cover the loan amount to avoid loss at the cost of the Second Party till the release order or repayment of the loan amount. 30. The aforesaid clause in unambiguous terms binds the cold store to insure the goods, to indemnify the produce, to cover the risk and cover the loan amount. This insurance policy has to be taken at the cost of the second party which is the farmer. Therefore, there can be no manner of doubt that the farmer is a beneficiary under the policy. The farmer is, therefore, definitely a consumer and we uphold the orders of both the Commissions that the complaint under ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
