Y YASODHAMMA Vs. SUPDT OF PROHIBITION AND EXCISE

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner Smt. Yasodhamma and others against the order of the State Commission setting aside the order of District Forum, which had allowed the complaint.

(2.) BRIEF facts of the case are that the petitioner's husband was a licensed Toddy tapper, who while tapping Toddy on 16.3.1998 fell from the Toddy tree, sustained injuries and died on way to the main hospital at Guntur. There is a welfare scheme of the Government of Andhra Pradesh which envisages grant of Ex-gratia payment of upto Rs. 50,000/- to the heirs of the deceased in case of death in such circumstances. The complainant having approached the Competent Authority i.e. the respondents and not getting any satisfactory reply filed a case of deficiency in service on the part of the respondent. The District Forum after hearing both the parties directed payment of Rs. 50,000/- of Ex-gratia amount under the scheme along with interest @ 12% from 18.9.1998 till the date of payment and cost of Rs. 400/-. Respondent filed an appeal against this order before the State Commission, who after hearing the parties set aside the order of the District Forum, dismissed the complaint on the ground that the complainant is not a consumer as he has not hired the services of the opposite party on any consideration.

(3.) WE have seen the material on record and heard the arguments. There is no denying the fact that the deceased was a licensed Toddy tapper - licence was obtained after paying licence fee.