BAISHNABA CHARAN BAGUDAI Vs. KALINGA GRAMYA BANK

JUDGEMENT

(1.) -HEARD the learned Counsel for the complainant/ appellant, who has filed this appeal challenging the orders of dismissal dated 7. 2. 2007 of C. D. Case No. 93 of 2006. We went through the impugned orders, which discloses that the complainant/appellant claiming himself as the Secretary of Anchalika Mahavidyalay of Ajodhya, P. S. Nilagiri, District Balasore demanding opposite parties to transact with the accounts of the said Mahavidyalay in the capacity of Mahavidyalay's Secretary. Before the District Forum, his status as the Secretary of the said Mahavidyalaya was disputed by the opposite parties / respondents branch. Taking which into consideration, the District Forum found that the complainant/appellant could not establish that he is still continuing the post of the Secretary of the said Mahavidyalaya, for which he cannot transact monetary business with the opposite parties/respondents. The District Forum, therefore, arrived into a finding that said complainant/appellant is not a consumer under the opposite parties / respondents have not caused deficiency in service to him.

(2.) THE crux of the dispute is as to whether the complainant is still the Secretary of the said Mahavidyalay, in which capacity, he can transact the aforesaid monetary transaction with the opposite parties/respondents. This matter cannot be adjudicated which requires series of documents and evidence by the Consumer Fora. Only Civil Court is competent to decide such a point. Therefore, we are reluctant to admit this appeal treating the same as a consumer dispute.

(3.) IN the circumstances, this appeal is dismissed at the stage of admission.