9911796707
TMI Blog2021 (9) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. The appellant is the brother-in-law of one Kiran Srivastava, who was four months' pregnant when she was taken for treatment to the clinic of the respondent on 22.12.2001. It is not necessary to examine the allegations on merits, however, the question required to be examined is as to 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. The argument of the appellant is that his brother is a Constable and, therefore, the appellant had availed the services for consideration on behalf of his sister-in-law, being the Karta of Joint Hindu Family. Therefore, the complaint on his behalf would be maintainable. A 'complaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he parties and find no merit in the present appeal. A consumer as mentioned above, 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. Spring Meadows (supra) was a case of medical negligence in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efinition of 'consumer' under the Act is very wide and it includes beneficiaries who can take benefit of the insurance availed by the insured. As far as the present case is concerned, under the tripartite agreement entered between the Bank, the cold store and the farmers, the stock of the farmers was hypothecated as security with the Bank and the Bank had insisted that the said stock should be insured with a view to safeguard its interest. We may refer to the penultimate clause of the tripartite agreement which reads as follows : "WHEREAS the Third Party has agreed to insure the produce/goods stored in the cold storage to indemnify the produce in case of any casualty or accident by any means to cover the risk and also to cover the loan am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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