Consumer Protection Act, 1986 – s.2(d) and 2(1)(o)–
‘Consumer’– If includes beneficiary of a statutory welfare scheme
– Parliament enacted 1996 Act to regulate employment, service
conditions of building & other construction workers and also to
provide for their safety, health & welfare measures – Pursuant
thereto, State of Rajasthan framed 2009 Rules – Rajasthan
Building & Other Construction Workers Welfare Board was
constituted – One of the schemes formulated by Board for
beneficiaries registered under the Act rendered financial assistance
on the occasion of marriage of a beneficiary’s daughter –
Respondent obtained Labour Beneficiary Identity Card from
appellants after depositing Rs.25 as registration fee and Rs.60 as
annual contribution – Submitted application for availing financial
aid for the marriage of his daughter – Rejected – District Forum
dismissed respondent’s complaint – Order set aside by State
Commission – Affirmed by NCDRC – Held: Functions of the Board
squarely fall within the definition of ‘service’ within the meaning
of s.2(1)(o) – Exception is a service rendered free of charge –
Workers registered under 1996 Act are beneficiaries of schemes
made by the Board – Upon registration, every worker is required
to make a contribution to the fund at such rate per month as may
be prescribed by State government – Fund is applied inter alia for
meeting the expenses incurred to fulfill the objects & purposes
authorized by legislation – True test is not whether the amount
contributed by beneficiary is adequate to defray the entire cost of
expenditure envisaged under the scheme – So long as the service
rendered is not free of charge, any deficiency of service is amenable
to the fora for redressal constituted under Consumer Act–
u/s.2(1)(d), a ‘consumer’ includes not only a person who has hired or availed of service but even a beneficiary of a service – Public
authorities such as the appellants constituted under an enactment
of Parliament are entrusted with a solemn duty of providing welfare
services to registered workers – Public accountability is a
significant consideration underlying the provisions of Consumer
Act – No reason to interfere with State Commission’s decision to
award the claim, subject to modification of rate of interest by
NCDRC– Building and Other Construction Workers’(Regulation of
Employment and Conditions of Service) Act, 1996 – ss.2(b), (k),
11, 12, 16-18, 22, 24 – Building and Other Construction Workers’
(Regulation of Employment and Conditions of Service) Rules,1998
– Rajasthan Building and Other Construction Workers (Regulation
of Employment and Conditions of Service) Rules, 2009 – rr.43-45,
52, 58 – Building and Other Construction Workers Welfare Cess
Act, 1996.