Uttarakhand

StateCommission

A/212/2018

Ganga Mata Charitable Eye Hospital - Complainant(s)

Versus

Oriental Insurance Company Ltd. & another - Opp.Party(s)

Mr. K.K. Goyal

29 Nov 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
First Appeal No. A/212/2018
( Date of Filing : 28 Nov 2018 )
(Arisen out of Order Dated 29/10/2018 in Case No. 101/2016 of District Haridwar)
 
1. Ganga Mata Charitable Eye Hospital
Sapt Rishi Link Road,Haridwar through Om Prakash Bansal s/o Mukandi Lal, Secretary,
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Oriental Insurance Company Ltd. & another
Oriental House, Post box No. 7037 A-25/27, Aashaf Ali Road, New Delhi
New Delhi
Delhi
2. Divisional Manager, Oriental Insurance Company Ltd.
Divisional office Railway Road,Jawalapur,Haridwar.
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MR. Balveer Prasad JUDICIAL MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
Dated : 29 Nov 2018
Final Order / Judgement

Heard learned counsel for the appellant on admission.

This appeal has been preferred against the order dated 29.10.2018 passed by the District Forum, Haridwar in consumer complaint No. 101 of 2016; Ganga Mata Charitable Eye Hospital Vs. The Oriental Insurance Company Limited and another.

The brief facts of the case are that the consumer complaint was filed by the appellant – complainant before the District Forum against The Oriental Insurance Company Limited and another. 

The consumer complaint was duly contested by the respondents – opposite parties by filing written statement. 

Both the parties led evidence before the District Forum and after hearing both the parties, the District Forum per impugned order dated 29.10.2018, dismissed the consumer complaint, on the ground that since the appellant – complainant is a Trust and, as such, it does not fall under the definition of “consumer”, provided under Section 2(1)(d) of the Consumer Protection Act, 1986.  Reliance was placed upon the judgment of the Hon’ble Apex Court in the case of Pratibha Pratisthan and others Vs. Manager, Canara Bank and others; IV (2017) CPJ 7 (SC), wherein it was held that “complainant” does not include a Trust and Trust is not a “person” under Section 2(1)(m) of the Act and therefore not a consumer. 

We find no error in the impugned order passed by the District Forum.  The appeal has got no force and the same is hereby dismissed at the threshold.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MR. Balveer Prasad]
JUDICIAL MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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