REPORTING OF UNIQUE CASE.
New dimension in the field of Services covered under Consumer Protection Act
It was the second amendment in 1993 which brought number of services under the consumer protection act apart from the earlier scope of dealing with the matters concerning market goods. In the year 1993, an important case of Lucknow Development Authority V/S M.G. Gupta and others on the issue of Housing board engaged in construction of houses for the registered consumers was being heard by the Honorable Supreme court and at the same time amendment to the act was also in the process. The issue before the Hon’ble Supreme court was as to how housing board can fall under the preview of Consumer Protection Act it being dealing with immovable property whereas so far goods defined under the sale of goods act (movable goods) were the subject matter of Consumer Protection Act. During the discussion, court had observed and was of the view that construction of house is a service provided to the consumers once consumer has registered himself with the housing board /authority with an understanding that he will make the payments as and when demand is raised in installments for construction. Accordingly, in the amendment 1993, number of services including housing was brought under the preview of consumer protection act as added in section 2 of the act.
Since then, many services were falling under the act with the passage of time due to developing needs in the society. Supreme Court also pronounced number of landmark judgment explaining the scope of the Act for considering various services falling under the scope of consumer co
National consumer helpline has got a complaint on 15.05.2014 from a caller against an agency named as LIFE CELL INDIA stem cell bank engaged in preserving the Umbilical Cord of new born baby which is a new dimension and an interesting case of deficiency in services falling under the Consumer Protection Act.
Ref. Complaint against Life Cell India, an agency / Complaint No.:511955
Facts of the case:
Complainant hired services from LIFE CELL INDIA for preserving Umbilical Cord of new born baby for 20 years. Agreement between the parties executed and payment of total amount of Rs 50,000/-agreed to be paid by the complainant .Ten percent (10%) of the total amount paid at the time of contract .Rest of the amount was agreed to be paid in one year in installments. Complainant had paid more than 10,000/-by now and EMI is being deducted from the bank regularly .Complainant now receives the letter from the agency alleging installments not paid. Agency informs to the complainant that service contract shall be terminated due to non -payment of installments.
Complainant has been suggested to write to the Head office as well as branch dealing with the matter and send the same through Registered or Speed post enclosing the proof of EMI released from the bank i.e. statement of account .A copy of the same be marked to bank also for information so as to make bank also responsible for default if any on their part.
A request made to the agency for not terminating the contract and for updating their record about the payment to the agency by the complainant.
NCH puts all efforts to settle the conflict before it becomes dispute. However ,it case of non-accommodating attitude by the service agency like this , It will be case of deficiency in services on the part of stem preserving agency falling under the scope of Consumer Protection Act which is a new dimension observed in the area of services .
Dr Prem Lata ,Legal Expert(CONSUMER AFFAIRS)