Delhi

East Delhi

CC/201/2020

JATIN SHARMA - Complainant(s)

Versus

NEW LIFE MEDICAL HOSPITAL & ORS. - Opp.Party(s)

08 Feb 2023

ORDER

Present:-      None

Matter today is fixed for arguments on maintainability/admission of the Complainant. File perused. Original complaint was filed making 04 OPs. 4^th OP, is Chief District Medical Officer. However, subsequently complainant deleted OP 4 and filed fresh memo parties which has been taken on record. After filing fresh memo parties arguments are heard fresh.

In the entire complaint it is no where mentioned as to what consideration the complainant paid to the OPs for hiring their service and as to how the falls within definition of ‘Consumer’ under Consumer Protection Act. The ‘Consumer’ has been defined U/s 2 (7) of CPA 2019 and read as follows.

 The Section 2 (7) of the Consumer defines consumer as follows:-

7)(i) "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. 

 

Complainant, who appeared in person on 20/12/2022, had stated that he has no documents w.r.t consideration paid. Since the complainant has not paid any consideration to OPs, for hiring their services, he does not qualify to be a ‘Consumer’ within definition of ‘Consumer’ Protection Act 2019. Complaint case of complainant therefore is dismissed forthwith.

File be consigned to Record Room.