Orissa

StateCommission

RP/2/2020

Divisional Railway Manager, East Coast Railway - Complainant(s)

Versus

Smt. Surabali Sindria - Opp.Party(s)

Mr. S.L. Kumar

20 Mar 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/2/2020
( Date of Filing : 14 Jan 2020 )
(Arisen out of Order Dated 18/12/2019 in Case No. Complaint Case No. CC/61/2019 of District Nuapada)
 
1. Divisional Railway Manager, East Coast Railway
At/Po- Sambalpur.
2. The Asst. Personal Officer, east Coast Railway
Sambalpur.
...........Appellant(s)
Versus
1. Smt. Surabali Sindria
W/o- Late Buti Sindria, R/o- Masanimunda, PS/Po- Kesinga.at present residing at- Khariar, Po/Ps- Khariar.
Kalahandi.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Smarita Mohanty MEMBER
 
For the Petitioner:
For the Respondent:
Dated : 20 Mar 2020
Final Order / Judgement

            Heard learned counsel for the petitioners.

  1. It is submitted by the learned counsel for the petitioners that the impugned order has been passed u/s 38(8) of Consumer Protection Act, 2019 on the complaint filed by the complainant with a direction to release the family pension amount at every month starting from 4.1.2019. According to him the said new Act has not been implemented so far and moreover, the District Forum have no power to entertain this type of dispute as consumer dispute so far release of the family pension.
  2. The submission of learned counsel for the petitioners has got strong force.
  3. We have gone through the impugned order. In fact the impugned order shows that it was passed u/s 38(8) of the Consumer Protection Act, 2019 which has not been implemented so far. When the Act has not implemented, the District Forum has no jurisdiction to entertain such petition under the Consumer Protection Act, 2019. Moreover, under the existing Consumer Protection Act no power has been given to entertain any dispute like release of family pension etc. which are actually cognizable under the service law. So the entire order of the District Forum is passed without jurisdiction and also against law in force for which the same is to be set aside.
  4. Accordingly, the revision is allowed and the impugned order is set aside. The petitioner is directed to move accordingly before the District Forum raising the question of maintainability of proceeding before it and the District Forum shall pass order in view of the observation made above within seven days of receipt of this order to be produced by the petitioners before it.
 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Smarita Mohanty]
MEMBER
 

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