Complainant filed this complaint against the OPS for deficiency of service. Complaint is kept for admission hearing. No representation behalf of the complainant. Hence forum decided to order on admission on the complainant.
After perusing the complaint and documents filed by the complainant case is dismissed on the ground that it barred by limitation. Moreover complainant running a educational institution name and style as Mother Theresa Memorial Social and Educational Trust. It shows that this complainant is running the institution to gain profit. As such the complainant filed the complaint is not come under the purview of the consumer Under 12 of Consumer Protection Act.
Section 2(1)(d) in the Consumer Protection Act, 1986
(d) “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
(ii) 12 [hires or avails of] any services 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 services other than the person who 12 [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 13 [but does not include a person who avails of such services for any commercial purpose
It is clear that the consumer is one who is run the institution or doing something for his livelihood come under the Consumer, but here the complainant is running a trust by taking donation and fees. Hence the complaint filed by the complainant is dismissed.
