ADHISHASHI ABHIYANTA vs ARVIND KUMAR

THIS is a revision against the order dated 24.12.1996 passed by District Forum, Sonbhadra in Complaint No. 668/96.

MR. Ved Prakash, Advocate on behalf of respondent and MR. Rakesh Kumar Gupta, Advocate on behalf of the appellant are present and they have been heard on merits of the case. Learned Counsel for the respondent states that the matter relates to service of Class III employee and the District Forum had no jurisdiction to entertain this matter. Learned Counsel for the applicant is present and he concedes to this legal position. We have also perused the judgment and find that the matter relates to the service for which no complaint under Consumer Protection Act can be filed by an employee. Therefore, this question which was raised before the Consumer Forum was beyond jurisdiction.

We have come across a number of cases in which the District Forum, Sonbhadra has been entertaining cases which do not come within the four corners of Consumer Protection Act and has been passing indiscriminate orders in those cases. The District Forum, Sonbhadra should work within its jurisdiction and should entertain only those matters which it has jurisdiction, to try in view of the provisions of Consumer Protection Act. It appears that the President and the Members who are composing the District Forum, Sonbhadra do not apply their mind and quite arbitrarily, in the cases which do not come with in their jurisdiction pass orders even issuing warrant of arrests instead of issuing notices for hearing the matter. This is highly undesirable and this attitude of the District Forum is condemned.

THUS the revision is allowed and the order passed by the District Forum is set aside and the complaint is dismissed. Let a copy of this order be sent to the parties within ten days and a copy of the same be also sent to Secretary, Food & Civil Supplies, U.P. Let a copy of this judgment be also sent to the President and Members of the District Forum, Sonbhadra. Revision allowed.