MOHAN GOGOI Vs. MD.HABIBULLAH

JUDGEMENT

(1.) THIS is an appeal against the order passed by the District Forum, Dibrugarh in C.P. Case No. 18/1995 on 21.5.1998.

(2.) HEARD the learned Advocates of both the parties. The respondent argues that for occupying the Government quarter allotted to him he has been paying to respondent rent by way of deduction from his monthly salary. He has, therefore, availed of service rendered by the appellant/opposite party for consideration within the meaning of Section 2(d)(ii) of the Consumer Protection Act, 1986. The appellant/opposite partys failure to repair the quarter in the manner required by the respondent/complainant amounts to deficiency in service, contends the respondent. As he suffered mental agony due to negligence on the part of the appellant/opposite party, he is entitled to get compensation under the provision of Consumer Protection Act, 1986.

(3.) IT appears that the respondent/complainant is a salaried Government servant who draws his salary every month for occupying the Government quarter allotted to him; he is paying rent to the Government by way of deduction from his monthly salary bill. The amount of rent to deducted by the respondent/complainant is fixed by the Government and the respondent/complainant is paying according to norm fixed by the Government. There is no scope of bargain as to the amount to be paid as rent by the respondent/complainant unlike other purchaser of goods from the open market.