JUDGMENT

Sethi, J.-The short but an important question of law to be decided in this appeal is as to whether the provisions of Consumer Protection Act, 1986 (hereinafter referred to as the Act ) can be invoked against the Provident Fund Commissioner by a member of the Employees Provident Fund Scheme? It has to be ascertained as to whether any such member is a consumer and the duties performed by the Provident Fund Commissioner under the relevant scheme is a service within the meaning of the Act. If it is held that such member is the Consumer and the facilities provided are services , it has to be further considered as to whether the delayed payment of the provident fund to a member-employee amounts to deficiency of service under the Act.

2. The facts leading to the filing of the present appeal are that the respondent, who was a member of the Provident Fund Scheme, applied to the Regional Provident Fund Commissioner for the payment of his provident fund on 15th July, 1992. It was found that the application filed was not complete as required by Para 72(5)(d) of the Provident Fund Scheme applicable in the case. The appellant forwarded the application to the Respondent s employer