Consumer forum
Ankit Jain
(Querist) 24 March 2013
This query is : Resolved
In (2011) 1 SCC 525 - Deficiency in service for commercial purposes - Non maintainability of complaint
I am O.P. and complainant who availed my service for commercial purposes filed a complaint against me.
can I file an application / affidavit for dismiss the complaint as the complaint is not maintainable under sec. 2 d and as stated by Hon'ble Supreme Court.
Advocate M.Bhadra
(Expert) 24 March 2013
Please give details fact,service is also include:--------
Section 2 (O) of the Act defines ‘services’ as
“Service of any description, which is made available to potential users and includes any provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying a news or other information, but does not include rendering of any service free of charge or under a contract of personal
service.”
Regional Provident Fund ... vs Bhavani on 22 April, 2008
Author: A Kabir
Bench: A Kabir, V.S.Sirpurkar
CASE NO.:
Appeal (civil) 6447 of 2001
PETITIONER:
Regional Provident Fund Commissioner
RESPONDENT:
Bhavani
DATE OF JUDGMENT: 22/04/2008
The respondent Bhavani was a worker in Cashew Factory No.III (Naduvathoor) owned and managed by the Kerala State Cashew Development Corporation Limited, Kollam and according to her she retired from service on 31.12.1995 on attaining 60 years of age. Bhavani was a member of the Employees' Provident Fund and Family Pension Scheme, 1971, and was making contribution to the Scheme. In her service records maintained by the company her date of birth was shown as 31.12.1935 and though she was eligible for pension, the same was not ordered by the Regional Provident Fund Commissioner, the appellant herein in all these appeals. Aggrieved by the failure and/or the refusal of the Regional Provident Fund Authorities to release pension to her, Bhavani filed an application before the Consumer Disputes Redressal Forum (hereinafter referred to as 'the District Forum') Kollom, praying for a direction upon the appellant herein to release her pensionary benefits from the date of her retirement from service i.e. 31.12.1995. Bhavani's claim was contested by the appellant herein before the District Forum by filing a counter affidavit wherein it was contended that the Consumer Protection Act, 1986, would have no application to a claim made under the Employees' Provident Funds and Misc. Provisions Act, 1952 (hereinafter referred to as 'the 1952 Act'), inasmuch as, Bhavani, the respondent herein, was not a "consumer" within the meaning of Section 2(d) of the Act.
We, therefore, have no hesitation in upholding the orders passed by the National Commission. All the six appeals filed by the Regional Provident Fund Commissioner are accordingly dismissed.
Raj Kumar Makkad
(Expert) 24 March 2013
The given citation is fully applicable over your facts and you may raise this as a preliminary objections and may insist to decide it first as desired.
Raj Kumar Makkad
(Expert) 24 March 2013
The given citation is fully applicable over your facts and you may raise this as a preliminary objections and may insist to decide it first as desired.
R.K Nanda
(Expert) 24 March 2013
yes, u can file said application in court.
Devajyoti Barman
(Expert) 25 March 2013
In Wb preliminary objection is not entertained.
Raj Kumar Makkad
(Expert) 25 March 2013
There may be a local amendment in West Bengal but preliminary objections are decided first in almost entire rest of India in consumer fora if insisted.
Ankit Jain
(Querist) 25 March 2013
I have filed preliminary objections but the forum not disposed at and fixed the case for argument
Ankit Jain
(Querist) 25 March 2013
Thanks the expert for their valuable advice
Raj Kumar Makkad
(Expert) 25 March 2013
If the case has been fixed for argument then also this is your victory. The forum has reached to that place wherein you had desired.
K.K.Ganguly
(Expert) 26 March 2013
If he has utilised your services for commercial purpose of small scale to solely earn his lively hood then he will be called a Consumer which may please be noted before further proceeding.
Ankit Jain
(Querist) 31 March 2013
He is Earning his livelihood but by availing my service he want to increase his profits
Guest
(Expert) 31 March 2013
You do not seem to have stated so far in which way he is earning his livelihood by availing your service to increase his profits and in what business?
prabhakar singh
(Expert) 31 March 2013
I recall it to be an old wine in new bottle.
Adequate discussions were made at then.
V R SHROFF
(Expert) 31 March 2013
TAKE OBJECTION DURING ARGUMENT STAGE, Citing SC authority/ citation
