FEDERATION OF CONSUMERS RIGHTS Vs. SPICE COMMUNICATIONS LIMITED

JUDGEMENT

(1.) THIS is an appeal filed against judgment and order dated 26.8.2004 passed by the District Consumer Disputes Redressal Commission, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 418/2003 vide which the complaint has been dismissed on the ground that the complainants have no locus standi to file the complaint as services of the respondents were hired and availed for consideration by Ms. Geeta K. Singh.

(2.) THE complaint had been filed by an Federation of Consumer s Rights an NGO through its Press Secretary Sh. Tejinder S. Sudan and Sh. Iqbal Singh, complainant No. 2. The connection of Mobile Phone was taken by Ms. Geeta K. Singh and she paid the charges and thus hired and availed the services of the respondents. It has been contended by the learned Counsel for the respondents that the liability to make payment due and outstanding against the aforesaid Mobile Phone connection was that of Ms. Geeta K. Singh and she being a necessary party who could file the complaint case was not even joined as a party in the complaint case. The said contention of the respondents was upheld by the District Forum and resultantly, the complaint was dismissed only on this sought ground of the lack of locus standi of the complainants/appellants in filing the complaint.

(3.) THE learned Counsel for the appellant, on the other hand, referred to the definition of consumer as contained in Section 2(1)(d)(ii) of the Consumer Protection Act, 1986 (for short hereinafter to be referred as Consumer Protection Act), which refers to the hiring and availing of the service that within the definition of a consumer besides the person who actually hired and availed the services for consideration, the beneficiary will also be included who has availed these services with the consent of the person who had hired and availed the services for consideration. The consumer in the instant case who took the Mobile connection was Ms. Geeta K. Singh who with her permission, the connection was actually used by Sh. Iqbal Singh, complainant No. 2. The aforesaid complainant Sh. Iqbal Singh would thus be clearly included in the definition of consumer and consequently he had the locus standi of filing the consumer complaint before the District Forum.