Government servant cannot raise any dispute before Consumer forum about their service conditions or retiral benefits:

The Supreme Court has observed that a government servant is not a consumer under the Consumer Protection Act 1986 and cannot raise any dispute regarding the pension and retiral benefits before the consumer forum under the same Act.

The above mention observation was made in the case of Ministry of Water Resource & Ors vs Shreepat Rao Kamde (Civil Appeal No. 8472 of 2019 arising out of SLP (C) No. 26538 of 2019) decided on 06.11.2019.

Challenge:

Whether a government servant can approach consumer forum for its dispute regarding his service condition, payment of gratuity or any retiral benefit?

Held

In this appeal, the appellant challenges the order dated 31.01.2019 passed by the National Consumer Dispute Redressal Commission, New Delhi dismissing Revision Petition.

Brief facts:

Complainant had filed a complaint against the Central Water Commission and Secretary, Ministry of Water Resource, Govt. of India for the purpose of crediting his pension and other retiral benefits. The maintainability of the complaint was challenged by the employer that an employee does not come within the ambit of Section 12 of Consumer Protection Act 1986. The reasoning was that the subject complaint is related to service matter and not related to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided.

The District Forum and State Commission granted a compensation for Rs. 90,000/- while National Commission refused to entertain the appeal for reasons of delay in filing.

The Supreme Court in appeal held it is evident that by no stretch of imagination can a government servant 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. The government servant does not fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Act. Such government servant is entitled to claim his retiral benefits strictly in accordance with his service conditions and regulations or statutory rules framed for that purpose. The appropriate forum, for redressal of any of his grievance, may be the State Administrative Tribunal, if any, or the civil court but certainly not a forum under the Act.