LAWS(SC)-2019-10-153

ADMINISTRATOR, TARA BAI DESI CHARITABLE OPTHALMIC TRUST Vs. MANAGING DIRECTOR, SUPREME ELEVATORS INDIA PVT. LTD.

Decided On October 04, 2019
Administrator, Tara Bai Desi Charitable Opthalmic Trust Appellant
V/S
Managing Director, Supreme Elevators India Pvt. Ltd. Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The principal issue involved in the matter is whether a Charitable Trust could maintain an action under the provisions of the Consumer Protection Act,1986 (for short "the Act") and claim compensation under the Act.

(3.) The District Consumer Disputes Redressal Forum, Jodhpur accepted the claim of the Complainant-Trust and directed the respondents to pay to the complainant a sum of Rs.5,90,000.00 by way of compensation along with interest @ 9% per annum. However, the appeal arising therefrom was allowed by the State Consumer Disputes Redressal Commission at Jaipur on the ground that a Trust could not be a "consumer" within the meaning of the Act.