LAWS(NCD)-2007-7-39

NATIONAL SAVINGS Vs. DINENDRA NARAIN RAY

Decided On July 11, 2007
NATIONAL SAVINGS Appellant
V/S
DINENDRA NARAIN RAY Respondents

JUDGEMENT

(1.) Delay in filing revision is condoned.

(2.) In this revision, challenge is to the order dated 15.12.2005 of Consumer Disputes Redressal Commission Jharkhand, Ranchi dismissing appeal against the order dated 16.7.2004 of a District Forum whereby petitioner was directed to pay amount of Rs. 16,999.91 towards commission and Rs. 8,000 as compensation to the respondent.

(3.) Before adverting to the submissions advanced by the parties learned Counsel, few facts need be referred to. The respondent/complainant was appointed as agent on 20.12.1993 vide certificate of authority No. 364/93-94 to canvass orders for subscription to the Public Provident Fund Scheme by the petitioner/opposite party. He was to be paid commission @ 1% on each deposit. Respondent alleged that a sum of Rs. 16,999 towards commission was due to him from the petitioner which it had failed to pay. Complaint filed for recovery of this amount alongwith compensation preferred by the respondent was contested by the petitioner by filing written version. One of the pleas taken in written version was that respondent not being a 'consumer' under the Consumer Protection Act, 1986 ( for short the 'Act') the complaint itself was not maintainable. However, this plea did not find favour with either of the two Fora below.