Delhi

West Delhi

CC/17/273

DURGA PRASAD - Complainant(s)

Versus

ESIC - Opp.Party(s)

11 May 2017

ORDER

 

 

                                                                                                D.O.O- 11.05.2017

Present :-          Shri Durga Prasad complainant in person.

                    

          Briefly case of the complainant is that he applied for Medical Certificate of Physically Handicap with opposite party without payment of any consideration. Head. Perused.

 

          Before proceeding further it is worthwhile to reproduce Section 2(1)(d) of the Consumer Protection which reads as under:-

 

Section 2(1)(d) “consumer” means any person who-

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
2. (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hits 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 for any commercial purpose);

After hearing the complainant and from bare reading of the complaint and provisions of Section 2(1)(d)(ii) of the Consumer Protection Act it is evident that the complainant is not a consumer under the  Consumer Protection Act as no consideration is paid for any services. Therefore, the complaint is not maintainable. Resultantly, the complaint is dismissed.

Copy of the order be given DASTI free of cost. 

                   File be consigned.

 

 

 

               (PUNEET LAMBA)                                                                                   ( R.S.  BAGRI )

                    MEMBER                                                                                                PRESIDENT

                         11.05.2017                                                                                            11.05.2017