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UDAY UMESH LALIT, ANIRUDDHA BOSE
Administrator Smt. Tara Bai Desai Charitable Opthalmic Trust Hospital, Jodhpur – Appellant
Versus
Managing Director Supreme Elevators India Pvt. Ltd. – Respondent
ORDER :
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/- 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. The view taken by the State Commission was upheld by the National Consumer Disputes Redressal Commission, which order is presently under challenge.
4. The reliance was placed on a decision of this Court delivered in Pratibha Pratisthan & Others v. Manager, Canara Bank & Others, reported in (2017) 3 SCC 712, to hold that a “trust” would not be a “person” and consequently not a “consumer” within the meaning of the provisions of the Act. It was held by this Court:
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