Present:- Shri Rajan Lal, Advocate for complainant with complainant. Complaint in nutshell is that he was entitled for certain treatment from the OP free of cost he being a beneficiary under EWS (Economic Weaker Section) which treatment was denied to him by the OP and as such he has filed the present complaint against OP on the ground of denying of service of free treatment. Heard. Admittedly he has not paid any consideration to the OP, nor he is intending to pay consider in future to OP as he is claiming free service from OP being a beneficiary of EWS Scheme. On enquiry as to how the complainant is consumer of OP and how he is covered within the definition of consumer under CP Act, 2019 as no consideration has been admittedly paid by the complainant to the OP for taking service of OP to which Ld. Counsel for complainant has replied that he has not paid any consideration to the OP. The definition of Consumer under Section 2(7) of the CPA-2019, which reads as under "consumer" means any person who; (i) 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......... 7) (ii) hires or avails of any service 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 service other than the person who hires 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 service for any commercial purpose.” Once the complainant admittedly have not paid any consideration to the OP, he cannot be considered as a consumer of OP under the definition of Consumer Protection Act and since complainant is not a consumer within the preview of Consumer Protection Act, the complaint is dismissed as not maintainable before the consumer Commission. The same is rejected forthwith. File be consigned to Record Room. | 
