HARI VALLABH VIJAY Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) The three appeals arise of the order dated 24.5.2000 passed in Case No.3/2000 by the District Consumer Disputes Redressal Forum, Rajgarh (for short the 'district Forum') are disposed of by this common order.

(2.) It is not necessary to reproduce facts in details. Suffice it to say that the complainant was a civil servant in State Service, whose provident fund was deducted monthly, the record of which was maintained by the office of the Accountant General Madhya Pradesh, Gwalior. The complainant averred that on his retirement from his service on 31.10.1995 he was not paid the full amount of his provident fund with interest as per slips issued by the Office of the Accountant General. The District Forum after hearing dismissed the complaint holding that because of carelessness and negligence of the servants of the State Government and the employees of the Accountant General Office, the wrong slips were issued. However, the complainant did not suffer any loss as the amount deducted of provident fund from the monthly salary was rightly paid with its accrued interest as per rules.

(3.) The deduction of the amount of the provident fund from the monthly salary of the complainant was under the terms and conditions applicable to the government servants. The fund is not opened to anyone who is not a government servant. A temporary government servant who has put in more than one year service and all permanent government servants compulsorily have to subscribe the fund. The government servants and the staff of Accountant General Office of the Comptroller and Auditor General maintains the records of provident fund of a government servant, issue slips of deposits of fund and on retirement final payment is made to the subscriber. The government servants and the staff of the Accountant General in discharging their duties does not render any service for consideration, nor hiring of any service is involved hence, maintenance of General Provident Fund Account does not fall within the meaning of 'service' as defined in Sec.2 (1) (o) of the Consumer Protection Act, 1986 (for short the 'act' ).