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2021 (9) TMI 1158 - SC - Indian LawsJoint Hindu Family - Maintainability of complaint - appellant had availed the services for consideration on behalf of his sister-in-law, being the Karta of Joint Hindu Family - whether the appellant could file a complaint in respect of deficiency in service on part of the respondent regarding the treatment given to his sister-in-law Kiran Srivastava? - HELD THAT:- A consumer means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised and includes a beneficiary of services. The brother-in-law of a pregnant woman would not be a beneficiary of any services rendered by the respondent. There is no allegation that he has paid or promised any consideration for engaging the services of the respondent. The only assertion in the complaint is that he is the ‘Karta’ of a Joint Hindu Family, therefore, he is entitled to file a complaint on account of the alleged deficiency of service by the respondent. The appellant herein is the ‘Karta’ of a Joint Hindu Family. He cannot be said to be availing the services of a medical practitioner in respect of the pregnancy of his sister-in-law. The concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law. It is needless to mention that no objection regarding maintainability of complaint was raised either before the State Commission or the National Commission, but such issue of maintainability of the complaint goes to the root of the case and it is found to be non-maintainable on the bare assertions of the complaint alone. The complaint itself was not maintainable - Appeal dismissed.
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