NIRMALA YAHWANTRAI DOSHI vs RELIANCE CONSULTING SERVICES LTD.

THE appellant is the original complainant who has applied for certain debentures of M/s. L&T Limited through the respondents viz. Reliance Consulting Service Ltd. Inspite of making payment through the Bank, the debentures were not allotted. THEre is no dispute that the respondents were the agents of L&T Limited at the relevant time and they had also given an advertisement inviting applications for allotment of debentures. THE Reliance Consulting Service Limited might have received commission on applications for debentures or some other remuneration. THE services were made available which were availed by the appellant consumer and the payments have been made accordingly. We, therefore, find that the decision of the District Forum that the appellant-complainants were not consumers within the meaning of Section 2(1)(d) of the Consumer Protection Act is erroneous. THE definition of services given in Sub-clause (o) takes into its sweep services of every description which is made available to potential users. In the instant case the services were made available viz. the applications were duly processed and the debentures were allotted according to the right of the consumer. THE appellant has clearly averred that he has made the application, made the payment, has performed all the formalities and still the right debentures were not delivered. THErefore, we are of the opinion that the complaint should not have been dismissed on the ground that the complainant was not a consumer. ORDER THE appeal is allowed. THE order of the District Forum is set aside and the case is remanded to the District Forum to decide in accordance with law after giving opportunity to both the parties to adduce their evidence, if any. THE cost will be the cost in the cause. Appeal allowed.