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:

“5. On a plain and simple reading of all the above provisions of the Act it is clear that a trust is not a person and therefore not a consumer. Consequently, it cannot be a complainant and cannot file a consumer dispute under the provisions of the Act.”

5. It may be mentioned here that in Kalpavruksha Charitable Trust vs. Toshniwal Brothers (Bombay) Pvt. Ltd., (2000)1 SCC 512 the complainant was a registered Charitable Trust and the issue that arose was whether the machinery in question was installed for commercial purpose or not. The question whether the Trust could maintain an action did not squarely arise for consideration.

6. The expressions “complainant”, “consumer”, and “person” have respectively been defined in Sections 2(1)(b), 2(1)(d) and 2(1)(m) of the Act as under:

“Section 2(1)(b) “complainant” means—

(i) a consumer; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or

(iii) the Central Government or any State Government; who or which makes a complaint; or

(iv) one or more consumers, where there are numerous consumers having the same interest;

(v) in case of death of a consumer, his legal heir or representative;”

Section 2(1)(d) “consumer” means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person; but does not include a person who avails of such services for any commercial purpose;

Explanation.—For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;”

Section 2(1)(m) “person” includes—

(i) a firm whether registered or not;

(ii) a Hindu undivided family;

(iii) a cooperative society;

(iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not;”

7. According to Sect