Peer Mohammad vs RAM DEO YADAV

THIS is an appeal against the judgment and order dated 21.11.1992 passed by District Consumer Forum, Faizabad in Complaint Case No. 20/ 255/92.

THE facts of the case stated in brief are that the Government had floated a Jawahar Rojgar Yojana for rearing the fishes and granted a sum of Rs. 1,27,275/- to Gaon Sabha for this purpose. This amount was to be spent on the development of village. THE opposite parties 1 to 6 and 8 did not spend the amount correctly and misappropriated or misdirected the amount for other purposes. When this came to the light, the complaint was lodged with the concerned officers. THE matter was investigated and directions were issued for appropriate action. It has also come to the light that sum of Rs. 95,000/- has been deposited in the account of Gram Sabha. It is further alleged that on enquiry conducted by Jila Panchayat Raaj Adhikari, an embezzlement of Rs. 41,992.30 was detected.

The opposite party No. 7 filed a written version and alleged that it is wrong to say that a sum of Rs. 1,27,275.00 was received. It is alleged that the work of Rs. 1,16,513.36 was found and in the stock there were sufficient bricks which were worth Rs. 5,200/-. The opposite party No. 7 has spent a sum of Rs. 1,763.36 from his own pocket. The bricks were used for laying Kharanja. It is alleged that the complainant is not a Member of Gram Sabha and is not holding any other post, hence he has no right to file this complaint.

THE learned District Forum, after considering the case of the parties, directed for deposit of Rs. 41,992.30 by the opposite party/ appellant in the account of Gram Sabha. Aggrieved against this order, the opposite party, appellant has come in appeal and has challenged the correctness of the order passed by learned District Consumer Forum.

WE have heard the learned Counsel for the opposite party, Mr. M.H. Khan. None was present from the side of appellant. The other party had knowledge of the date fixed but did not appear. The present case has been filed for some embezzlement of the amount which was given for Jawahar Yojana. It is not a case which is covered under the provision of Consumer Protection Act. No provision of the Consumer Protection Act covers this case, hence the learned District Forum has no jurisdiction to entertain and decide this complaint. The appeal is, therefore, liable to be allowed. ORDER The appeal is allowed. The judgment and order of the learned District Forum are set aside and the complaint is dismissed. There will be no order as to cost. Let copy of this order be made available to the parties as per rules. Appeal allowed.