Consumer commission rejects Haji Ali Dargah Trust’s plaint

The state consumer disputes redressal commission (SCDRC) while dismissing a complaint by the Haji Ali Dargah Trust said that its plea cannot be entertained because it is not a “consumer” as per the definition in the Consumer Protection Act, 1986.

The oral order passed on May 3, 2019, by presiding judicial member, P B Joshi and member A K Zade was uploaded on May 9, 2019. The commission said that the trust did not fit into the definition of “person”, who can file a complaint as per the Consumer Protection Act, 1986. According to the Act, a “person” has been defined as a firm whether registered or not, a Hindu undivided family, a co-operative society, every other association of persons whether or not registered under the Societies Registration Act, 1860 (21 of 1860). 

The Haji Ali Dargah Trust, through its trustees, had complained against M/s Reliance Solar Energy, that the solar poles installed by the firm were found to be not working or malfunctioning within a few months of installation. The trust contended in its complaint that there was deficiency in service on part of the opponent. The trust also sought a refund of the entire contractual amount of Rs 12.60 lakh along with interest. It also sought Rs 2.39 lakh along with interest, an amount the trust had given to the BEST towards electricity charges as the solar poles were not working. Besides, the body calculated that the interest due to it is Rs 5.39 lakh and a further sum of Rs 3.50 lakh as compensation and cost of litigation.

However, citing a Supreme Court order — Pratibha Pratisthan & Ors v/s Manager, Canara Bank & Ors — the commission said that a complainant does not include a trust. A trust is not a person u/sec 2(1)(m) of the Consumer Protection Act and therefore, a trust is not a consumer. The consumer body ruled the complaint as not tenable.

PAY FOR WOES

• The trust said in its plaint the opponent was negligent
   
• Trust also sought a refund of the entire contractual amount of Rs 12.60 lakh along with interest. It also sought Rs 2.39L for electricity bills