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1996 Supreme(SC) 604

G.B.PATTANAIK, K.RAMASWAMY
State Of Orissa – Appellant
Versus
Divisional Manager, Lic – Respondent


ORDER

This appeal is treated as special leave petition under Article 136 of the Constitution.

Leave granted.

We have heard learned counsel on both sides.

2. This appeal arises from the order dated February 17, 1995 in FA No. 510 of 1992 of the National Consumer and Redressal Commission, New Delhi. The respondent-Haribandnu Setha filed a claim before the State Commission, Orissa under the Consumer Protection Act, 1986 (for short, the Act ) for damages. The State Commission awarded damages against the first respondent-LIC. The appeal, the appellant was impleaded as party-respondent and the National Forum awarded damages against the State in a sum of Rs. 1,00,000/- (Rupees one lakh only) land directed to pay compensation within a period of three months. Thus, this appeal by special leave.

3. The only question is : whether the appellant is liable to pay compensation to Haribandhu Setha under the Act and whether the claim is maintainable. Section 2(1)(o) of the Act defines service as under :

" service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing,






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