Is addressee of a letter is a consumer ?

MOTILAL JHALANI (Querist) 25 January 2015 This query is : Resolved
Sir/Madam,

Re: Consumer Disputes Rederssal Act.

One letter was sent by Bank to me through courier and the courier delivered letter to me after delay of 20 days. I filed a case before District Consumer Rederssal Forum against the courier. The Ld. Forum dismissed my petition on the ground that I am not a Consumer under the Act.

1) The Consumer Protection Act, 1986 under the head Definitions has defined Consumer as under
(d) "consumer" means any person who-

(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 4[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment,

According to above, I, being a beneficiary, I want to file an appeal. Please inform me whether I, am a consumer or not? Please also inform me/send me a copy of the related cases in this respect from National Commission and Supreme Court .

With Regards,

(Motilal Jhalani)

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Devajyoti Barman (Expert) 25 January 2015
If you state your actual dispute warring filing the case in consumer forum, then further advice can be given.

Guest (Expert) 25 January 2015
There is a difference between sending a letter by the bank with delay or delivery of letter by the courier service provider with delay.

From your unspecific description of the case nothing can be assumed, whether you filed a case against the bank or the courier service provider and also on what ground.

Better state the real problem if you were concerned with deficiency in banking service or the courier service and what service you could expect from the letter of the bank in specific from the bank/ courier service?

ajay sethi (Expert) 25 January 2015
answer queries raised by experts

Rajendra K Goyal (Expert) 26 January 2015
Consult local lawyer and show him the full case file.

T. Kalaiselvan, Advocate (Expert) 28 January 2015
You may answer the queries raised by expert Mr. Dhingra or consult a local lawyer and proceed as per his advise.

Anirudh (Expert) 28 January 2015
It is the bank which has availed the services of the Courier and not you. Therefore, you are not the consumer.
You are also not the 'beneficiary' as presumed by you, for the simple reason that the bank has not paid the courier charges either on your behalf or for your benefit.

T. Kalaiselvan, Advocate (Expert) 28 January 2015
The reply by expert Mr.Anirudh is very apt and perfect to the circumstances, but the author still remains silent by not answering the query raised by expert Mr. Dhingra