JAGANARAYAN LAL Vs. GIRIJA TIWARI

JUDGEMENT

(1.) The present appeal is directed against an order passed by the National Consumer Disputes Redressal Commission [in short, "NCDRC"] in R.P. No. 170 of 2006 on 21/10/2009, whereby the revision against an order of the State Dispute Redressal Commission dismissing the complaint was upheld. The appellant is the brother-in-law of one Kiran Srivastava, who was four months' pregnant when she was taken for treatment to the clinic of the respondent on 22/12/2001. It is not necessary to examine the allegations on merits, however, the question required to be examined is as to whether the appellant could file a complaint in respect of deficiency in service on part of the respondent regarding the treatment given to his sister-in-law Kiran Srivastava.

(2.) The argument of the appellant is that his brother is a Constable and, therefore, the appellant had availed the services for consideration on behalf of his sister-in-law, being the Karta of Joint Hindu Family. Therefore, the complaint on his behalf would be maintainable.

(3.) A 'complainant' is defined under Sec. 2(1)(b) of the Consumer Protection Act, 1986, whereas a 'consumer' is defined under Sec. 2(1)(d) of the Act as under :-