A mother of an injured child cannot claim compensation for mental agony and other injuries suffered by her due to the injury sustained by her child under the Consumer Protection Act, 1986, as she is not a 'consumer' under the Act.

Mr. Justice D.R. Vithal, President—In this complaint, the mother of the injured child has claimed compensation for the mental agony suffered by her due to the injury suffered by her minor child, loss of pay, income and the expenses to be incurred by her for proper rehabilitation of minor child at the time of marriage of the child.

2. The complainant averred that she along with her injured child Miss Manisha Yatin Gandhi, another daughter Miss Ambika, her husband Sri Y.R. Gandhi and her relation Sri Deepak travelled from Bangalore to Bombay on 22.6.1989 by Indian Airlines Flight IC-206 and reached Bombay by about 10.00 a.m. on that day.

3. The complainant further averred that while the minor child Miss Manisha Yatin Gandhi was alighting from the aircraft at Santa Cruz Airport, Bombay, the ladder that was bridging the ground and the Aeroplane collapsed trapping her left leg. The minor child was immediately shifted to Airport Hospital and from there to Dr. Balabhai Nanavathi Hospital for treatment. The complainant averred that she had incurred expenses for the treatment and would require further sum for the continuous treatment till she attained the age of 18-20 years. The complainant has further averred that she sustained loss of pay and the family members suffered a great mental agony and that she were to spend sufficient money for proper rehabilitation of minor child at the time of marriage. The complainant on the basis of these averments sought the relief as under-

“Wherefore, the complainant prays that this Hon’ble Commission be pleased to order the opposite parties to pay a sum of Rs. 9,24,026.15 only as damages for the past, present and future, to the complainant (Annexure-D) in the interest of justice and equity.”

(Annexure-D)

1. Loss of Pay, Salary & Income Rs. 24,026.15

2. Damages towards expenses for proper rehabilitation of minor child at the time of marriage, by complainant Rs. 4,00,000.00

3 Damages incurred, and to be incurred by complainant and her family. Rs. 5,00,000.00

Rs. 9,24,026.15

4. The Opp. Party filed the statement of objections. The Opp. Party admitted the fact that the complainant’s minor child Miss Manisha Yatin Gandhi sustained the injuries due to collapsing of the ladder and trapping her left leg under it. The Opp. Party further averred that the right of action stood extinguished as per the provisions of Rule 30 of Schedule II of The Carriage By Air Act, 1972, as the complaint came to be filed beyond the period of limitation i.e., beyond the period of two years, so the complaint was barred by time.

5. The Opp. Party further averred that the injured child has already preferred a separate claim in Complaint No. 208/91 through her natural guardian, the mother, the complainant in the present complaint and so a separate claim by the mother of the injured child was untenable. The Opp. Party nextly averred that the complainant in this complaint cannot be classified as a consumer under the provisions of the Consumer Protection Act, 1986, so the complaint was untenable.

6. It is not disputed that the injured child Miss Manisha Yatin Gandhi has filed a complaint through her mother, the guardian, the complainant herein, in Complaint No. 208/91 before this Commission claiming compensation for the injury sustained by her due to the deficiency in service by the Opp. Party. The said complaint is pending on the file of this Commission.

7. Under Section 2(1)(d) of the Act, ‘consumer’ has been defined as under—

‘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 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;

(ii) hires any se