(1.) This appeal has been filed against the judgment dated 01.09.2016 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission') in Complaint no. 260 of 2016, wherein the appellant/ complainant has not been considered as a consumer and the complaint has been dismissed by the State Commission.
(2.) The State Commission has clearly observed that no consideration has been paid for getting subsidy therefore, the complainant is not a consumer. I have perused prayer in the complaint and the main prayer is that the subsidy amount which was earlier sanctioned but later on withdrawn by the competent authority should be credited to the loan account. It is a settled law that the person seeking subsidy is not a consumer and the matter cannot be decided by the consumer fora as held by this Commission in Chaudhary Ashok Yadav Vs. The Rewari Central Co-operative Bank and Anr, Revision Petition No.4894 of 2012, decided on 08.02.2013 wherein it has been held that a person seeking benefit of subsidy under a scheme is not a 'consumer', as the subsidy is not a service within the meaning of Consumer Protection Act, 1986, and his remedy does not lie under the Consumer Protection Act, 1986, by filing a complaint and that he can seek relief from a Civil Court, or some other forum, as per law. Thus, the petitioner is not a 'Consumer' within the meaning of Consumer Protection Act, 1986. Hence, the complaint was not maintainable.
(3.) Based on the above authoritative decision, the present appeal is not sustainable as there is no illegality in the order passed by the State Commission. However, if the appellant/ complainant is aggrieved by the fact that the subsidy amount is wrongly recalled by the authority, the appellant/ complainant can approach the civil court in this regard, and the time taken in pursuing the present complaint and the appeal need not be considered for the purpose of limitation as per section 14 of the Limitation Act, 1963. Accordingly, liberty is granted to the appellant/ complainant to approach the Civil Court if he is so advised.