DEPUTY REGISTRAR, U.P.COOPERA-TIVE SOCIETIES vs BANSH DEVI

THIS is an appeal against the judgment and order dated 14.9.1999 passed by District Consumer Forum, Kushinagar in Complaint Case No. 362/1999.

THE facts of the case stated in brief are that the husband of the complainant Sri Brahma Dev was employed in the Cooperative Department and died on 1.8.1990. He was entitled to gratuity, pay etc. which was not paid by the opposite party inspite of several requests in writing. On these allegations the complainant filed a complaint for recovery of the amount of gratuity etc. Opposite party has raised the plea of jurisdiction. The learned District Forum, after considering the case of the parties, came to the conclusion that the Forum has jurisdiction and it allowed the complaint and directed the opposite party to pay the dues to the deceased.

Aggrieved against this order of the learned District Forum, the opposite party has come in appeal and has challenged the correctness of the order. We have heard the learned Counsel for the parties.

LEARNED Counsel for the appellant has argued that it is a service matter and the District Forum has no jurisdiction to try this case. It has also been argued that late Sri Brahma Dev at the time of his death was working at Gorakhpur and he retired in 1986 from Gorakhpur and, therefore, the District Forum at Kushinagar cannot entertain this complaint. It is a settled position of law that with regard to the service matters the complaint cannot be filed under the provisions of the Consumer Protection Act. The District Forum or the State Commission cannot entertain any such case and it cannot order for payment of gratuity and any other retiral benefits. Therefore, the complaint which was filed by the complainant was not maintainable before the District Forum.

THERE is another ground on which this appeal is to be allowed. According to the appellant the complainant''s husband retired from Gorakhpur. THEREfore, the authorities at Gorakhpur are liable to pay gratuity and other retiral benefits. The District Forum at Kushinagar has no jurisdiction to entertain this complaint. The complainant could have approached the District Forum, Gorakhpur if her complaint is maintainable by the District Forum. THEREfore, on these two grounds the appeal is liable to be allowed. Order The appeal is allowed and the judgment and order of the learned District Forum are set aside and the complaint is dismissed. However, it is made clear that if any amount which was due to the complainant has been paid in pursuance of the judgment, then the same shall not be realised by the opposite parties from the complainant. Let copy of this order be made available to the parties as per rules. Appeal allowed.