Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
Heard Advocates for the parties.
(1) Advocate Mr.Vidyarthi has raised important question about maintainability of the consumer complaint by the Trust. Admittedly Complainant in this case is a Trust registered under Bombay Public Trust Act and it had taken policy from the Opponent in respect of C.T. Scan Machine and since the machine was out of order they had lodged claim with the Opponent Insurance Company and since it was the case of the Complainant that they had offered certain amount not to the satisfaction of the Complainant, they did not accept the amount and they preferred to file consumer complaint for claiming amount of `6,86,400/- with interest and compensation. Since issue raised by the Opponent’s Advocate is very germane to the maintainability of this complaint, we will decide first this issue instead of going into merit of the case.
(2) Admittedly, the Complainant is the Public Trust and there is a ruling of Hon’ble National Commission that Public Trust being not a person within the meaning of Section 2(1)(m) of the Consumer Protection Act, 1986 it cannot be permitted to file consumer complaint because Trust is not a consumer. If we see the definition of Section 2(1)(m) of consumer Protection Act, 1986, it includes – (i) a firm, whether registered or not; (ii) a Hindu Undivided Family, (iii) a Co-operative Society and (iv) every other association of persons whether registered under the Societies Registration Act, 1860 or not. But, definition of a person does not include Charitable Trust registered under Bombay Public Trust Act. In the case of Pratibha Pratisthan V/s. Allahabad Bank, Reported in IV (2007) CPJ 33, the Hon’ble National Commission in paragraph nos.42 and 47 clearly held that Public Trust is not a person under section 2(1)(m) of the Consumer Protection Act, 1986 and Public Trust cannot file consumer complaint. We find that in paragraph 42 and paragraph 47 of the judgement relevant and self explanatory for our purpose. So, relying on paragraph 42 and paragraph 47 of the said ruling, we hold that the consumer complaint as filed by the Public Trust, the Complainant herein, is not tenable in law. As such, at this stage itself, we are inclined to dismiss the complaint. In the circumstances, we pass the following order:
O R D E R
(i) Complaint stands dismissed as not tenable in law.
(ii) However, Complainant is given an opportunity to approach any other Court or authority for redressal of his grievance.
(iii) No order as to costs.
Pronounced on 24th February, 2011.
