CHIEF DEVELOPMENT OFFICER Vs. SARJU PRASAD NIRMAL

JUDGEMENT

(1.) This appeal has been filed by the Chief Development Officer, Allahabad and Block Development Officer, Jasra, Allahabad against the judgment and order passed by the District Consumer Forum, Allahabad on 10.8.1993 in Complaint Case No.381/1993.

(2.) The facts of the case stated in brief are that the complainant, Sarju Prasad Nirmal before his retirement was posted in the Block Office at Jasra, Allahabad as Gram Vikas Adhikari. The complainant filed a claim of Rs.18,087.10 before the District Consumer Forum, Allahabad in respect of the outstanding amount of his arrears of pay, travelling allowance, house rent allowance etc. The opposite party, Chief Development Officer and Block Development Officer in the written statement stated that the claim lodged in the Forum is not covered under the Consumer Protection Act. It is also stated that certain amounts due to be paid to the complainant were not given because the requisite certificate was not given by him. The stand of the opposite party was that such type of case should be tried by Public Services Tribunal and not by the Consumer Forum. The District Consumer Forum, Allahabad decreed the claim of the complainant and awarded a sum of Rs.18,087.10 alongwith 18% interest per annum.

(3.) Aggrieved against this order the opposite party has came up in appeal and has challenged the correctness of the order passed by the District Forum. In the memo of appeal, it has been stated that the claim decreed by the Forum was beyond its jurisdiction and the matter related to the service conditions of the complainant and the same could have been lodged with the U. P. Public Services Tribunal. It has also stated that the dues of the complainant have been cleared and some other dues will be cleared after completion of the formalities because the complainant had not submitted the certificate of residence etc. The complainant appeared before this Commission on 22.7.1997 but thereafter did not put up appearance.