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1999 (12) TMI 770 - SUPREME COURTWhether the provisions of Consumer Protection Act, 1986 can be invoked against the Provident Fund Commissioner by a member of the Employees Provident Fund Scheme? Held that:- Appeal dismissed. We cannot accept the argument that the Regional Provident Fund Commissioner, being Central Government, cannot be held to be rendering ‘service’ within the meaning and scheme of the Act. A perusal of the scheme clearly and unambiguously indicate that it is a ‘service’ within the meaning of section 2(1)(o) and the member a ‘consumer’ within the meaning of section 2(1)(d). It is, therefore, without any substance to urge that the services under the scheme are rendered free of charge and, therefore, the scheme is not a ‘service’ under the Act. Both the State as well as National Commission have dealt with this aspect in detail and rightly came to the conclusion that the Act was applicable in the case of the scheme on the ground that its member was a ‘consumer’ under section 2(1)(d) and the scheme was a ‘service’ under section 2(1)(o).
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