Order No. 3.                     

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

It appears from the record that the property is in question is the property of ‘Khelat Ghosh Memorial Trust’ and the complainant Smt. Karabi Ghosh filed the instant case as sole Trustee of the Trust.

The expressions ‘Complainant’, ‘Consumer’ and ‘Person’ have respectively defined in Section 2(5); Section 2(7); Section 2 (31) of the Consumer Protection Act,2019.

Section 2(5) of the Consumer Protection Act, 2019 defines ‘Complainant’ as follows:

“Complainant” means-

1. a consumer; or
2. any voluntary consumer association registered under any law for the time being in force; or
3. the Central Government or any State Government; or
4. the Central Authority; or
5. one or more consumers, where there are numerous consumers having the same interest; or
6. in case of death of a consumer, his legal heir or legal representative; or
7. in case of consumer being minor, his parent or legal guardian;

Section 2(7) of the Consumer Protection Act,2019 defines ‘Consumer’ as follows:

“consumer means any person who-

1. 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
2. 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.

Section 2(31) of the Consumer Protection Act,2019 defines a person as follows:

“Person” includes-

1. an individual;
2. a firm whether registered or not;
3. a Hindu undivided family;
4. a co-operative society;
5. an association of persons whether registered under the Societies Registration Act,1860 (21 of 1860) or not;
6. any corporation, company or a body of individuals whether incorporated or not;
7. any artificial juridical person, not falling within any of the preceding sub-clauses;

in view of the above definitions a Trust is not a person and as such cannot be considered as a consumer under the Consumer Protection Act,2019.

Therefore, the case cannot be admitted.

Hence, it is

                                          O R D E R E D

that the complaint case be and the same is dismissed as not maintainable under Consumer Protection Act,2019.