A is the tenant of B. A asks B to clean, repair and maintain the building. B refuses. There is no provision in the lease agreement in respect of cleaning, repairing and maintaining the building. However 'A' files a claim

The present problem relates to Consumer Protection Act, 2019. Issue involved in the question is whether A is the consumer or not. A files for relief under the Consumer Protection Act, 2019 in view of the definition of "Consumer" given in the Act. According to Section 2(7)(ii) of the Consumer Protection Act, 2019, Consumer means any person who hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Further, in Laxmiben Laxmichand Shah v. Sakerben Kanji Chandan and others , the Supreme Court held that the tenant entering into lease agreement with the landlord cannot be considered as consumer under the Consumer Protection Act. Where there was no provision in the lease agreement in respect of cleaning, repairing and maintaining the building, the rent paid by tenant is not the consideration for availing these services and therefore, no question of deficiency in service. Therefore, going by the above judgement and definition of consumer in the Consumer Protection Act, 2019, A cannot be a consumer for services of cleaning, repairing and maintaining the building which is not part of lease agreement and for which rent he is paying cannot be considered to be consideration. If he is not consumer, there is no question of deficiency of service under the Consumer Protection Act, 2019.