Written and Published by http://www.livelaw.in/
The Supreme Court, in Pratibha Pratisthan vs Manager, Canara Bank , has observed that a Trust cannot file a consumer dispute under the provisions of the Consumer Protection 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,” a bench comprising Justice Madan B Lokur and Justice Prafulla C Pant said, while referring to provisions of the Consumer Protection Act.
The court upheld a National Consumer Disputes Redressal Commission order that had held the complaint filed by a Trust to be ‘not maintainable’.
Section 2(m) of the Act only treats a firm, a Hindu undivided family, a co-operative society, association of persons, as “persons”, the court said.
The court said definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust could not invoke the provisions of the Act in respect of any allegation on the basis of which a complaint could be made.
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