KALICHARAN SHARMA Vs. C.G. GOVERNMENT AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 26.03.2014, passed by District Consumer Disputes Redressal Forum, Raigarh C.G.) (henceforth "District Forum") in Complaint Case No. 05/2014. By the impugned order, the complaint of the appellant (complainant) has been dismissed. Briefly stated the facts of the case are that the appellant (complainant) was posted as a Teacher in Bhupdev Middle School, Kewda Badi, Raigarh (C.G.) and retired on 31.07.2008. After retirement, the appellant (complainant) received amount of some funds, but he could not receive a sum of Rs. 91,571/ -, which is mentioned in the account slip issued by Accountant General (Lekha & Hakdari) (C.G.), Raipur bearing No. No. CE.D./142454. The appellant (complainant) contacted with the respondents (OPs) so many times but they did not give any response and the appellant (complainant) could not receive the said amount, then he sent legal notice to the respondents (OPs) through his counsel and also sent notice under Section 80 CPC to the respondents (OPs) on 07.10.2013. In spite of receiving notice, no response was given by the respondents (OPs) hence the appellant (complainant) filed consumer complaint before the District Forum and prayed for granting reliefs as mentioned in the relief clause of the complaint.

(2.) BEFORE the District Forum none appeared on behalf of the respondent No. 1 (O.P. No. 1).

(3.) THE respondent No. 3 (O.P. No. 3) filed written statement and averred that the matter is relating to payment of G.P.F. which is governed from Madhya Pradesh/Chhattisgarh State General Provident Fund Rules, 1955 which was framed by the Government under the right vested under Article 309 of the Constitution and is contract of service. Therefore, the G.P.F. does not come within the Consumer Protection Act, 1986 and the Consumer Forum has no jurisdiction to hear the complaint relating payment of Rs. 91,571/ - on the basis of the account slip for the year 2007 -08, whereas the account slip issued by Accountant General Office is not final and only interim and only intimation. Above information was mentioned in the every account slip. Adjustment of the payment was done at the time of final payment. In the annual account slip issued in the year 1997 -98 withdrawal of Rs. 20,000/ - in the month of April, 1997 and withdrawal of a sum of Rs. 5,800/ - in the month of July, 1997, were not included therefore, excessive amount, is shown in the account slip which is recorded in the pass book sent by the department. At the time of retirement. As per rules, the G.P.F. is determined by P.F. pass book, which is maintained by the department. On the basis of withdrawal list and record of the Accountant General entries were verified and after verification of the entries, the payment was made to the appellant (complainant) at the time of retirement. The appellant (complainant) is only entitled to get a sum of Rs. 30,506/ - and intimation regarding the same was given to the appellant (complainant) as well as concerned department, therefore, the complaint is not maintainable and is liable to be dismissed.