Delhi

West Delhi

CC/16/701

PARVEEN PAUL - Complainant(s)

Versus

ROOMA PATHAK - Opp.Party(s)

25 Oct 2016

ORDER

Complaint Case No.701/16

 

Present: Parveen Paul Sachdeva, complainant in person.

 

Heard.

Section2(c) of the Consumer Protection Act runs as under: Section 2(c) “complaint” means any allegation in writing made by a complainant that—

 

³[(i)  an unfair trade practice or a restrictive trade practice has been adopted by  ⁴[ any trader or service provider ];]

 

   (ii)  ⁵[ the goods brought by him or agreed to be brought by him] suffer from one or more defects;

   (iii) ⁶[ the services hired or availed of  or agreed to be hired or availed of by him] suffer from deficiency in any respect;

⁷[(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

            (a)fixed by or under any law for the time being in force;

            (b) displayed on the goods or any package containing such goods;

            (c) displayed on the pricelist exhibited by him by or under any law for                    

                the time being in force;

 

(d) agreed between the parties;]

                   ¹[(v) goods which will be hazardous to life and safety when used are being offered for sale to  the public,-

1. In contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
2. If the trader could have known with due diligence that the goods so offered are unsafe to the public;]

                ²[(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;]

 

with a view to obtaining any relief provided by or under this Act;

 

            The complainant filed the present  complaint for recovery of maintenance amount.  In view of above, provision of section 2(c) of the Consumer Protection Act  the complaint is not maintainable.  Resultantly, the complaint is hereby dismissed. 

 

 

Copy of order be given to the complainant as per rules.  Thereafter, file  be consigned to records.

 

 

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              (R.S.  BAGRI)

  MEMBER                                          MEMBER                            PRESIDENT