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S.K.DUBEY, B.L.KHARE, PRAMILA S.KUMAR
BOARD OF SECONDARY EDUCATION M. P. – Appellant
Versus
XEROX MODICOP LIMITED – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. M.M. Dubey, Advocate.
For the Respondents: None.

ORDER

Mr. Justice S.K. Dubey, President—This appeal is directed against the order dated 28.7.2003 passed in Case No. 522/2003 by the District Consumer Disputes Redressal Forum, Bhopal (for short the “District Forum”) whereby the complaint for deficiency in service in supply of defective Modi Xerox Colour Printer was dismissed at the admission stage holding that the complainant is a commercial organization which purchased printer for installation in their office, hence, the complainant is not a consumer within the ambit of Section 2(1)(d) of the Act.

2. Complaint has been defined in Section 2(1)(d) of the Act which reads thus :

“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;

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

3. From a bare look to Clause (iii) of Section 2(1)(b) it is evident that Central Government or any State Government can be a Consumer. The Board of Secondary Education, Madhya Pradesh has been incorporated and established by the









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