FINANCE AND ACCOUNTS OFFICER BASIC SHIKSHA, BAHRAICH vs Madhuri Srivastava

THIS appeal has been filed against judgment and order dated 7.2.2003 passed by District Consumer Forum, Bahraich in Complaint Case No. 216 of 1999, under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the ''Act'').

CASE has been called out. Mr. Diwakar Singh has filed Vakalatnama on behalf of the respondent/complainant. This appeal has been filed on the ground that while passing the impugned judgment and order, the learned District Forum exceeded its jurisdiction in taking cognizance of the complaint and even if there were some grievances, the complaint could have been ventilated before the appropriate Forum which is State Administrative Tribunal by way of referring the matter under Section 4 of the Act in question. In the instant case the complaint has been filed with the allegation that Smt. Madhuri Srivastava is a teacher in Primary School, Raipur, District Bahraich and the amount of her salary for the month of February, 1997 amounting to Rs. 3,188/- was not credited in her account No. 662T and consequently complaint for compensation of Rs. 5,000/- towards economic loss and Rs. 2,000/- for cost of suit was filed.

It is not clear as to whether the said salary has been paid or not, but it is presumed that it must have been credited by now. Even if it is not credited that will not make this case a consumer dispute because a specific forum, being created under special Act, has already been provided. Obviously this is not a consumer dispute. The order of the learned District Forum is thus liable to set aside. ORDER

THE appeal is allowed and the judgment and order of the learned District Forum is set aside and the complaint in dismissed. THEre will be no order as to the costs. Let copy as per rules be made available to the parties. Appeal allowed.