Consumer.
Rajarshi Pal Chaudhuri
(Querist) 22 June 2013
This query is : Resolved
Is a quarter / accomodation (Rly.) enjoyer a consumer? He or she is disallowed HRA and has to pay a rent along with water charges and electricity charges as per consumption.
Advocate M.Bhadra
(Expert) 22 June 2013
He/She is not consumer in terms of Consumer Protection Act,service under Railway are relation with employer and employee.
According to Section 2(d) of Consumer Protection Act, 1986, “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 paid 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; or
(ii) hires or avails of any services 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 beneficiary of such services other than the person who ‘hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;
R.K Nanda
(Expert) 22 June 2013
not a consumer.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
HRA is denied because accommodation is provided.
what further is deducted is license fee not rent. You are not even a tennant. Your eviction does not need a civil suit rather a simple quasi-judicial procedure under Public Premises (Eviction of Unauthorized Occupants) Act.
Raj Kumar Makkad
(Expert) 24 June 2013
Such disputes do come within the employer employee relationship and thus do not fall within the ambit of consumer protection act.
