The central legal point established in the judgment is that a voluntary consumer association must meet the definition of a consumer under the Consumer Protection Act to file a complaint.

Mr. Justice K.D. Shahi, Chairman—This is an appeal against the judgment and order dated 4.4.2003 passed by District Forum, Udham Singh Nagar. The order reads as under :

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2. The complainant filed a complaint with the allegations that it is a duly registered Social Service Institution and under the provisions of the Act, it has got a right to file a complaint. It is alleged that the Ram Nagar-Moradabad Division of the Railways is under the Opposite Party. The trains run late and there is no arrangement of cleaning water and light in the trains. The 434 Dn. train should reach Moradabad on 15:45, but it was unnecessarily detained at the outer and was unncessarily delayed. On 30th January, 2001, the train came late by one hour. On 2nd February, 2001 and on several other dates also, accordingly the train came late. All other trains also run late at this route. All the passengers suffer for non-supply of water, electricity and running of trains late. A notice was sent to the respondents, but no reply was received. The complainant, therefore, asked for compensation and also for a direction for proper running of the train.

3. There is nothing in the complaint that the complainant has purchased any ticket. There is nothing in the complaint that the complainant is a consumer and it travels in these trains. It is only alleged in para 1 of the complaint that the complainant is a registered Society and in all the provisions of Consumer Protection Act and under other law, it has got a right to file complaint regarding public interest. It is nowhere alleged that any ticket was ever purchased for travelling in these trains by any of the members of the Society or any other consumer who has approached them for filing a litigation.

4. However, the opposite party contested the petition, denied the allegations and alleged that the petition is not admissible under the provisions of the Consumer Protection Act.

5. After taking the evidence of the parties, the learned Forum decided the case as above. We have heard the learned Counsel for the appellant. The respondent sent written replies to this appeal alleging that it is a public institution, it has got no money to appoint a Lawyer to conduct the case.

6. It is true that any Consumer Association can file a complaint, but necessarily it should be a Consumer Association. A consumer is not a consumer, who is ordinarily spoken to be a consumer in the public, but, a consumer is a consumer if he is so defined under the provisions of the Act. We meant to say that there is difference in the meaning of consumer spoken in the public and in meaning of the consumer in the Act. A consumer is only a person as defined in the Act, who buy any goods for consideration, which has been paid or promised to be paid or is a person who avails of any service for consideration. It is not said anywhere that the complainant has ever hired or availed any service of the appellant for consideration. If a person is a consumer, then his Association may file a complaint and then alone, he is a consumer under the provisions of law. Thus, the basic requirement is that the voluntary Consumer Association must be of the consumer under the Act. It is also true that under Section 12 of the Act, a recognised Consumers Association, whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided as agreed to be provided to a member of Association or not, therefore, the Association can file the complaint even on behalf of a consumer who is not a member of Association, but nothing has been alleged in the complaint that any consumer has approached him in this regard.

7. Everybody will have to appreciate the zeal of the complainant to do a social service and nobody on earth can tell that any train in India is running in time. The delay has become the common feature of the trains, but for that the Consumer Forums have no jurisdiction unless the complainant is a consumer. The rulin