Is benefieiary is a consumer under c.p.act ?

MOTILAL JHALANI (Querist) 08 January 2016 This query is : Resolved
Sir,
Bank had sent me one consignment by courier which was delivered to me after a delay of 25 days. I filed a Complaint against the courier service provider which was dismissed by Consumer Forum on the ground that I am not a consumer. I filed an appeal before the State Commission and filed a copy of the letter issued by the Bank stating that I am the beneficiary of the consignment. As provided in section 2 (d) of the C.P.Act beneficiary is consumer. State Commission also dismissed my appeal.

Can I proof that I am a Consumer as per the letter issued by the Bank?. Shall I proceed for National Commission? Please comments.

Regards

(Motilal Jhalani)

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Guest (Expert) 08 January 2016
the point is are you really a beneficiary ? who is a beneficiary ?

Section 2(1)(d)(ii) in the Consumer Protection Act, 1986
(ii) 12 [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 12 [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 13 [but does not include a person who avails of such services for any commercial purpose];

this means that there will be a person who hires courier service. he is not a beneficiary but if he hires courier for somebody's benefit then he is a beneficiary.

you are not a beneficiary. therefore appeal was rightfully dismissed.

why courier delayed for 25 days ?

Sudhir Kumar, Advocate (Expert) 09 January 2016
QUERY IS VAGUE

IT DOES NOT SPECIFY WHAT IS THE CONSIGNMENT AND WHY DISTT FORUM REFUSED RELIEF.

YOU ALSO DID NOT SPECIFY WHAT LOSS YOU FACED DUE TO LAPSE OF 25 DAYS.

YOU ALSO DID NOT SPECIFY WHETHER YOU FILED COMPLAINT AGAINST COURIER COMPANY OR NOT.

Rajendra K Goyal (Expert) 09 January 2016
Please mention if you have suffered any loss, Bank also was made a opposite party in the complaint.

P. Venu (Expert) 09 January 2016
In fact, you should have moved against the Bank.

Kumar Doab (Expert) 09 January 2016
Mr Venu is right.Courier could have been made a party later.

Bank has made a pass on you.

You could have demanded copy of the AWB of the courier.

Devajyoti Barman (Expert) 09 January 2016
Anyway prefer an appeal. I find merit in your case.

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