PRAJAPATI SARANGI Vs. PRINCIPAL ROURKELA MUNICIPAL COLLEGE

JUDGEMENT

(1.) The complainant in C. D. Case No.104 of 1994 disposed of by the District Forum, Sundargarh- II, Rourkela is the appellant. The deficiency in service in not sending the last Pay Certificate and General Provident Fund accounts by the opposite party is the main grievance of the complainant. He has alleged that he was serving as a Lecturer in Physics in Rourkela Municipal College and on 30.8.1993 he was relieved by the Principal and transferred to some other place. According to him his L. P. C. was held up for a period of five months without giving any reason there for which in fact was sent to the Principal of the transferee College of 22.2.1994. He has alleged that his Service Book was sent to the said transferee College on 27.6.1994 and his G. P. F. particulars were not sent in time for which he could not apply for loan. He has claimed for compensation for the alleged deficiency in service.

(2.) The opposite party in his show cause denied all the allegations made by the complainant. According to the opposite party the L. P. C. of the complainant could not be sent because the complainant did not submit the detailed vouchers of the advances taken by him till 13.2.1994 and the vouchers having been received on 13.2.1994, his L. P. C. was sent on 22.2.1994. He also contended that there has been no deficiency in service in the matter of sending the Service Book to the transferee College or the G. P. F. particulars. Apart from answering the complaint petition on merits, the opposite party contended that the dispute presented does not come within the purview of the Consumer Protection Act, for which reason it was to be dismissed.

(3.) The District Forum after analysis of the facts and circumstances held that the proceeding is not entertainable as the deficiency alleged by the complainant cannot be remedied by a Consumer Forum even if the same was genuine. The District Forum, however, made some observations to expedite despatch of the informations required to be sent to the transferee College if the same had not been done by that time.