ORAL

           C/92/2017

          M/s Aaman Public Charitable Trust V/s Ford India Private Limited and another                              

                   23-05-2018

                   None appeared for complainant.

          Learned Counsel Mr. Prasoon Kumar Rai appeared for opposite party No.01.

          Learned Counsel Mr. B K Upadhyaya appeared for opposite party No.02.

          Heard learned Counsel for the opposite parties.

          It is contended by learned Counsel for the opposite parties that the complainant is a trust. As such it is not a consumer under the Consumer Protection Act 1986 and complaint filed by it is not maintainable under the Act. Learned Counsel for the opposite parties has referred judgment of Honourable Apex Court rendered in Civil Appeal No. 3560 of 2008 Pratibha Pratisthan and others V/s Manager, Canara Bank and others wherein Honourable Apex Court has held that a trust is not a person and therefore not a consumer under the Consumer Protection Act. As such, complaint filed by trust is not maintainable under the Act.

          In present complaint, complainant is M/s Aaman Public Charitable Trust. Therefore, complaint filed by it is not maintainable under the Consumer Protection Act 1986 as held by Honourable Apex Court in above case.

          In view of above complaint is dismissed as not maintainable under the Consumer Protection Act 1986. Complainant is at liberty to avail other remedies available under law.

           President                              Member

                                                           MC

          Pnt.

          Court-1