SUPREME COURT SEEKS CENTRE'S VIEW ON WHETHER CHARITABLE TRUST IS A 'CONSUMER' UNDER CONSUMER PROTECTION ACT, 1986

The Supreme Court in the case Administrator Smt. Tara Bai Desai Charitable Opthalmic Trust Hospital, Jodhpur v. Managing Director Supreme Elevators India Pvt. Ltd & Ors. observed and has sought the assistance of Union of India, UOI through the Ministry of Consumer Affairs as a respondent in a case which relates to the issue as to whether a charitable trust can be considered a ‘consumer’ under the Consumer Protection Act, 1986.

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The definition of ‘consumer’ as stated under Section 2(1)(d) of the Consumer Protection Act 1986 Act includes any ‘person’ who buys goods or avails services for consideration, excluding those who purchase goods or services for resale or commercial purposes.

The bench headed by Justice Oka stated that, ‘This court will include Union Of India as a party. The court need your assistance in interpreting the word person under the old Act.’

The bench comprising of Justice Abhay Oka, Justice Pankaj Mithal, and Justice Ahsanuddin Amanullah was hearing the present matter.

The bench in the case observed and has permitted the amendment of the cause title to include the Union of India through Ministry of Consumer Affairs as a respondent and posted the case on October 16, 2023.