Lawstreet Journal

Govt. Servant Is Not A ‘Consumer’, Cannot File Complaint For Retiral Benefits Before Consumer Forums: SC [Read Judgment]

Lawstreet Journal 12 Nov 2019 6:41pm

Image courtesy: Lawstreet Journal Judiciary Govt. Servant Is Not A ‘Consumer’, Cannot File Complaint For Retiral Benefits Before Consumer Forums: SC [Read Judgment]

The Supreme Court on November 6, 2019, in the case of Ministry of Water Resources & Ors. v. Shreepat Rao Kamde, has held that government servant does not fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Consumer Protection Act, 1986, and thus he cannot raise any dispute regarding his service conditions or for payment of gratuity or GPF or any of his retiral benefits before any of the forum under the Act.

A Division Bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra was hearing an appeal challenging an order passed by the National Consumer Disputes Redressal Commission, New Delhi.

The respondent in the case moved a complaint before the District Forum claiming interest for the delayed payment of General Provident Fund dues and for compensation etc. The District Forum accepted the claim petition and the State Commission affirmed the view taken by the District Forum.

Being aggrieved, the appellant carried the matter further by filing revision before the National Commission. The Revision was however delayed by 121 days and the National Commission refused to condone delay and consequently the revision was dismissed. Thus the appeal is now before the Supreme Court. 

The issue raised before the Court was whether in respect of retiral dues, a complaint could be maintained before the District Consumer Forum? 

The Court placed reliance on a judgment in the case of Jagmittar Sain Bhagat v. Director, Health Services, Haryana (2013) 10 SCC 136, wherein the law was settled that a government servant cannot… Continue Reading...

Tagged: Supreme Court of India  
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