State Consumer Disputes Redressal Commission
Sup. Of Engineer P.W.D. vs Ram Pyare on 9 July, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/1386/2015 (Arisen out of Order Dated 16/05/2015 in Case No. C/138/2005 of District Faizabad) 1. Sup. Of Engineer P.W.D. Faizabad ...........Appellant(s) Versus 1. Ram Pyare Faizabad ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Virendra Singh PRESIDENT For the Appellant: For the Respondent: ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 1386 OF 2015 (Against the judgment/order dated 16-05-2015 in Complaint Case No.138/2005 of the District Consumer Forum, Faizabad ) Superintendent Engineer O/A Faizabad Ambedakar Britt P.W.D.,Faizabad, U.P. ...Appellant Vs. Rampayare Kushwaha S/o dev Narayan R/o Village Jamua Post Gunaee Gaharpur(Meza) District Faizabad, U.P. Ret. Employ of PWD Khand-2 Executive Engineer Faizabad Ambedakar Britt P.W.D. Faizabad U.P. Ram Chandra Time being clerk of PWD R/o Ismileganj Behind Sahabganj Police Chouki District faizabad U.P. Hari Prasad Sahu Time being G.P.F. Clerk of PWD R/o Sahu Provision Store Moh. Lalbag Naka Makbara sRoad Near Fatehganj Crossing District Faizabad, U.P. Buddipal Sahu Time being Cashier R/o Old Sabjee Mandi District Faizabad, U.P. ...Respondents BEFORE:
HON'BLE MR. JUSTICE VIRENDRA SINGH, PRESIDENT HON'BLE MR. U S AWASTHI, MEMBER For the Appellant : Sri Anil Kumar Mishra, Advocate.
For the Respondent : - Dated : 09-07-2015 JUDGMENT
MR. JUSTICE VIRENDRA SINGH, PRESIDENT (ORAL) :2: This appeal is preferred on behalf of the appellant/opposite party against the judgment and order dated 16-05-2015 passed by the District Consumer Forum, Faizabad in Complaint Case No. 138/2005 wherein the opposite party no.1/appellant i.e. Superintending Engineer of P.W.D. has been directed to pay a sum of Rs.20,000/- with interest of 12% with effect from 04-06-1997 till payment thereby holding that a sum of Rs.20,000/- has been wrongly withdrawn from the G.P.F. account of the complainant/respondent.
At the time of admission of this appeal after hearing Sri Anil Kumar Mishra, learned Counsel for the appellant, we find it expedient not to issue notice to the respondent and to dispose of the appeal on merit being the impugned order prima facie out of jurisdiction passed by the District Consumer Forum as the law laid down by Hon'ble Supreme Court in the case of Jagmitra Sen Bhagat V/s Health Service Haryana (2013) 10 SCC 136, the Hon'ble Supreme Court has held that the dispute relating to government servant/service matters are not covered under the Consumer Protection Act being the government servant not covered by definition of consumer. Here is no dispute on this point as per facts of the case that the respondent/complainant is a government servant and the matter relates to his service pertaining to the withdrawal from his G.P.G. account. Therefore, we do find it expedient that the appeal should be allowed there being the order passed by the District Consumer Forum in a case which is not covered under the Consumer Protection Act.
ORDER The aforesaid appeal is hereby allowed and the impugned order dated 16-05-2015 is hereby set aside. Let the amount, if any, deposited by the appellant as statutory deposit in this appeal be refunded to the appellant alongwith interest accrued if any immediately.
(JUSTICE VIRENDRA SINGH) PRESIDENT ( U S AWASTHI ) MEMBER pnt [HON'BLE MR. JUSTICE Virendra Singh] PRESIDENT