Consumer complaint by pvt. ltd. company

Munish Kumar Garg (Querist) 08 September 2013 This query is : Resolved
Hello Sir

Can anyone please tell me whether the Private Limited Company can file the consumer complaint before the District Consumer Forum, in the capacity of complainant, as I find some 1-2 authorities but that will not be sufficient for me.

As in the District Forum, the Presiding Officer is asking me to produce more good Judgments on the Issue of maintainability. So can anyone give me some Judgments on this point of maintainability.

Thanks in Advance.
Munish Kumar Garg, Advocate

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ajay sethi (Expert) 08 September 2013
search in indian kanoon website for judgments

Munish Kumar Garg (Querist) 08 September 2013
I even searched on indiankannon.org website but there is only one Judgment there, which I already found in the commentary...

Can anyone provide me some more Judgments.

Thanks

R.K Nanda (Expert) 08 September 2013
search other legal web sites.

Kuummaar AS (Expert) 08 September 2013
The following position will clarify the matter:

Section 2(1)(d) in The Consumer Protection Act, 1986 " consumer" means any person who,--
(i) buys any goods for a consideration… ; or
(ii) hires or avails of any services for a consideration… .

Further, as per Section 2(1)(m) of The Consumer Protection Act, 1986 " person" includes,--
(i) a firm whether registered or not;
(ii) a Hindu undivided family;
(iii) a co- operative society;
(iv) every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860 ) or not;

COMPANY

Section 11 of the Companies Act, 1956 provides that no company, association or partnership consisting of more than 10 persons for the purpose of carrying on the business of banking andmore than 20 persons for the purpose of carrying on any other business can be formed unless it is registered under the Companies Act or is formed in pursuance of some other Indian Law.Thus if such an association violates the provisions of Section 11 it is an “Illegal Association“although none of the objects for which it may have been formed is illegal.

This Section does not apply to a joint Hindu family but where the business is being carried onby two or more joint Hindu families the provisions of Section 11 shall be applicabLe.

For computing the number of members for this purpose, minor members of such families shall be excluded

CONCLUSION

A company is a separate legal entity distinct from its members.Therefore it is legally separate from its shareholders , directors , promoters etc and as such is conferred with rights and is subject to certain duties and obligations.

In view of the fact that the term 'person' in The Consumer Protection Act, 1986 includes every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860 ) or not, a Private Limited Company can very much file a consumer complaint before the District Consumer Forum, in the capacity of complainant through its authorised representative.

R.K Nanda (Expert) 08 September 2013
nothing to add more.

Devajyoti Barman (Expert) 08 September 2013
If the service complained against was sued for commercial purposes, then no complaint before consumer forum lies.