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2021 Supreme(SC) 1121

HEMANT GUPTA, V.RAMASUBRAMANIAN
Nivedita Singh – Appellant
Versus
Asha Bharti – Respondent


Advocates:
Advocate Appeared:
For The Appellant : Mrs. Niranjana Singh, Mr. Atul Tripathi, Adv.
For The Respondent: Ms. Prerna Singh, Adv. Mr. T. Mahipal, Ms. Manjeet Chawla, Ms. Neerja Sachdeva, Adv.

ORDER :

The present appeal is directed against an order passed by National Consumer Disputes Redressal Commission (for short, ‘NCDRC’) on 26.05.2010 affirming the order passed by the District Consumer Disputes Redressal Forum and the State Consumer Disputes Redressal Commission, dismissing the complaint filed by the appellant inter alia on the ground that the appellant was not a consumer within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act, 1986 (for short, ‘the Act’).

2. Learned counsel for the appellant relies upon a receipt dated 27.08.2004 of payment of Rs.266/- as service charge to the District Women Hospital, Ghazipur. It is admitted by learned counsel for the appellant that no consideration was paid to the doctors who were in fact the Government servants.

3. In terms of Section 2(1)(d)(ii) of the Act, a consumer is the one who hires or avails of any services for a ‘consideration’ which has been paid or promised or partly paid or partly promised.

4. Since the admitted case of the appellant is that the appellant has not paid any consideration for availing the services of the respondents - doctors and the nurses, she would not be covered under the definition of

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