NDLI: Chairman-cum-managing Director Ongc Ltd. & Ors. Vs. Consumer Education Research Society & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act ONGC 1986 Consumer-Service provider relationship
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 2019 (35 of 2019)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Consumer Protection Act, 1986: Consumer-Service provider relationship – Whether there is relationship of consumer and service provider existing between the private respondents (claimants) and the appellants – All the claimants were employees of the ONGC – A Self Contributory, Post Retirement and Death in Service Benefits Scheme, 1991 was introduced in the ONGC after obtaining permission of the Government of India on 18.09.1991 – Case of the claimants was that due to delay in sending their claims to the LIC, they suffered a loss – Consumer Fora held that the employees were consumers of the ONGC and held in favour of the claimants – Held: There was no privity of contract for providing service between the ONGC and the claimants – Letter dated 18.09.1991 and the Scheme showed that contributors to the Scheme were the employees of ONGC – The employer was only making a token contribution of Rs.100 per annum, the Scheme was also voluntary and optional for the employees who were in service – The Scheme envisaged that every employee shall contribute to the fund at rates specified therein – The Scheme was managed and run by a Trust and not by the ONGC – The service, if any, was being rendered by the Trust and not by the ONGC – Thus, there was no relationship of consumer and service provider between the claimants and the ONGC – However, in view of the submission for the appellant that without prejudice to their rights to challenge the impugned orders of consumer forums, the appellants shall pay the amount as directed in the impugned orders, ONGC is directed to pay the amounts under the order impugned to the claimants.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1339
Petitioner	Chairman-cum-managing Director Ongc Ltd. & Ors.
Respondent	Consumer Education Research Society & Ors.
SCR	[2019] 14 S.C.R. 774
Judgement Date	2019-12-09
Case Number	9257

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