LAWS(NCD)-2010-7-3

OM PRAKASH SETHI Vs. ACCOUNTANT GENERAL HARYANA

Decided On July 06, 2010
OM PRAKASH SETHI Appellant
V/S
ACCOUNTANT GENERAL, HARYANA Respondents

JUDGEMENT

(1.) Petitioner (a school teacher) was an employee of the Education Department in the Government of Haryana. He retired on 31st of December, 1994. Alleging that he was not paid the total amount accumulated in his General Provident Fund account, he approached the District Consumer Disputes Redressal Forum, Hisar (District Forum for short) by filing a consumer complaint.

(2.) The District Forum vide its order dated 3rd of September, 2002, after hearing the arguments of the parties and on perusal of the material on record, allowed the complaint and directed the opposite parties to pay the claimed amount of Rs.14,401/- along with interest @ 18% per annum from the date of retirement till realization. It also awarded Rs.2000/- as compensation on account of mental agony and harassment and a cost of Rs.1100/-.

(3.) Aggrieved by the order of District Forum, opposite party no.3, the Accountant General, Haryana filed an appeal before the Haryana State Consumer Disputes Redressal Commission, Panchkula (State Commission for short), who vide its order dated 1st of May, 2009, which is under challenge before us, accepted the appeal and set aside the order of District Forum holding that the petitioner-complainant was not a consumer as defined under Sec.2 (1) (d) of the Consumer Protection Act, 1986 and consequently dismissed the complaint.