Mr. Justice S.K.M. Lodha, President—Aggrieved against the order dated 5.4.91 passed by the District Forum, Ajmer in Complaint Case No. 190/91, the unsuccessful complainant has filed this appeal under Sec. 15 of the Consumer Protection Act, 1986 (“the Act” herein). By the impugned order the complaint was dismissed. The complainant-appellant filed a complaint before the District Forum, Ajmer on 7.11.90 praying that the opposite party-respondent may be directed to pay compensation to the tune of Rs. 5,000/-. The complaint was filed against the Proprietor/Manager Khwaja Gas Agency, Bharat Petroleum Corporation, Ajmer. It was stated that the opposite party compelled the complainant to purchase the gas stove and harassed him by insisting that until he purchases the gas stove connection will not be released in his favour. The complainant alleged that he was allotted registration form number and lottery No. 1346/160. It is said that the complainant went several times alongwith the affidavit, allotment letter and ration card but he avoided the gas connection and coerced to purchase the gas stove. Alongwith the complaint, he submitted acknowledgment receipt, allotment letter, bill No. 368 dated 5.8.90 for the purchase of the gas stove and ration card. The opposite party filed the version of the case resisting the complaint. It was stated that the opposite party sent an information letter dated 12.6.89 to the complainant but he did not come in time to the agency. He came there about 14 months after. It was stated that the bill of the gas stove submitted by the complainant is of 5.8.1990 According to the conditions of the Company the gas stove should be according to the standard laid down by ISI mark and for that a sum of Rs. 10/- has to be deposited for inspection. The complainant did not deposit the amount. He also did not submit the affidavit. An objection was raised that the opposite party is merely a representative of the BPC of the Govt, of India and is bound to comply with the rules and conditions of the Company. The complainant has deliberately not impleaded the company as a party to the complaint. A plea was taken that the complainant is not a consumer under the Act. It was alleged that according to the circular issued by the Corporation new gas connections have been stopped. With the version of the case photo stat copies of the documents were submitted. No oral evidence was adduced by the complainant despite the direction given by the District Forum. The District Forum heard the arguments and passed the impugned order on 5.4.91.The complaint was dismissed.

2. The complainant has Filed this appeal as aforesaid. Service was presumed to be sufficient on the appellant vide order sheet dated 24.10.91. The complainant did not appear on 24.10.91. We, therefore, heard the arguments of Mr. Devkinandan Sharma, learned Counsel for the respondent and considered the record.

3. The complainant merely got himself registered with the opposite party for the release of the gas connection. A letter of allotment dated 12.6.89 was issued to the complainant under postal certificate. It was submitted by the learned Counsel for the respondent that the complainant’s name was registered for the release of the gas connection and by merely registering he does not become a consumer. Reliance was placed by him on the decision rendered in Vinayaka Agencies and Another v. D.N. Shridhar II (1991) CPJ 295. The facts in that case were more or less the same with those in the present case. It was observed in that case as under:

“By merely registering, he will not be a consumer. He has neither purchased the goods for consideration nor hired the services of the appellants for consideration. Hence he will not be a consumer and his complaint could not have been entertained by the District Forum. Hence the order passed by the District Forum cannot be sustained.”

4. The observations extracted hereinabove are on all fours to the present case. The complainant merely got h