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Supreme Court of India 2017-03-07 dismissed

Pratibha Pratisthan & Ors vs Manager, Canara Bank & Ors

Bench: 2 — Madan B. Lokur

In Brief

In this civil appeal, the Supreme Court addressed whether a Trust can file a complaint under the Consumer Protection Act, 1986. The Court held that a Trust cannot file a consumer complaint because the Act's statutory definitions of 'consumer', 'complainant', and 'person' do not include Trusts. While 'person' includes firms, Hindu undivided families, co-operative societies, and other registered associations, a Trust is not enumerated. Therefore, a Trust lacks the legal capacity to invoke the Act's provisions, making any complaint filed by a Trust unmaintainable. The appeals were dismissed on this preliminary jurisdictional ground.

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Consumer Protection Civil Procedure Capacity and Standing Trusts

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