HARYANA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice M.R. Agnihotri, President &
Smt. Sushil Paul, Member
RAM SARAN BAJAJ—Appellant
versus
B.D. SENIOR SECONDARY SCHOOL & ANR.—Respondents
First Appeal No. 1176 of 1996—Decided on 17.12.1996
Consumer Protection Act - Grievance of Teacher regarding Selection Grade and Arrears of Salary - Scope of Consumer Protection Act, 1986
Fact of the Case:
The complainant, a retired Headmaster, appealed against the dismissal of his complaint regarding the grant of Selection Grade and payment of arrears of salary by the District Forum, Ambala, under the Consumer Protection Act, 1986.
Finding of the Court:
The court endorsed the view of the District Forum, stating that the grievance of the complainant regarding employment-related matters is not maintainable under the Consumer Protection Act, 1986, as the Act aims to protect consumer interests in the context of goods and services, and does not cover employment disputes. The court advised the complainant to seek remedy through a civil suit.
Issues: Scope of the Consumer Protection Act, 1986 in addressing employment-related grievances
Ratio Decidendi: The court held that the Consumer Protection Act, 1986 is not applicable to employment-related grievances of teachers or school employees, as the Act primarily focuses on protecting consumer interests in the context of goods and services, and does not extend to employment disputes.
Final Decision: The appeal was dismissed, and the complainant was advised to pursue his remedy through a civil suit.
Mr. Justice M.R. Agnihotri, President — Complainant - Ram Saran Bajaj, retired .Headmaster of B.D. Senior Secondary School, Ambala Cantt. has come up in appeal against the order dated 12th June, 1996 passed by District Forum, Ambala, whereby his complaint against the B.D. Senior Secondary School, Ambala Cantt. and the District Education Officer, Ambala regarding his grievance about the grant of Selection Grade and payment of the arrears of salary on the basis thereof, has been dismissed on the ground that the grievance of the complainant cannot be adjudicated under the Consumer Protection Act, 1986.
2. We have gone through the complaint filed by the complainant, the documents in support thereof along with the correspondence annexed by the complainant with the Authorities of the School and the District Education Officer, Ambala as also the detailed memorandum of appeal filed by the complainant-appellant. After considering the matter in detail and after perusal of the aforesaid documents, we fully endorse the view taken by the Learned District Forum, Ambala and do not find any legal infirmity in the detailed and well-reasoned order passed by the Learned District Forum. The complainant-appellant will certainly appreciate that while enacting the Consumer Protection Act, the object of the Parliament was to provide better protection of the interests of consumers, such as:
(i) the right to be protected against marketing of goods which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices;
(iii) the right to be assured, wherever possible, access to variety of goods at competitive prices; and
(iv) the right to seek redressal against unfair trade practice or unscrupulous exploitation of consumers.
3. The scope of the Act has further been enlarged by bringing under the consumer jurisdiction the grievance of the employees regarding "deficiency in service hired or availed of by the consumers". Obviously a person belonging to the noble profession of a Teacher, Master or Headmaster, does not hire or avail of the services of the management of the School. Therefore, this being the position of law, we have no option but to agree with the Learned District Forum in dismissing the appeal and the complaint by taking the view that the grievance of the complainant-appellant is not maintainable under the Consumer Protection Act, 1986. The complainant may, if he is so advised, seek his remedy by filing a suit before the Civil Court.
Appeal dismissed.
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