D.D. Bahuguna, Member - These appeals arise out of the orders passed by District Consumer Fora, as per details given below:

1. Complaint Case No. 414 of 1992 - Orders passed by District Consumer Forum, Jhansi, dated 14-6-1996.

2. Complaint Case No. 80 of 1997 - Orders dated 20-31998 passed by District Consumer Forum, Maharajganj.

3. Complaint Case No. 502/1996 - Orders passed by District Consumer Forum, Aligarh on 12-10-1997.

4. Complaint Case No. 101/1998 - Orders passed by District Consumer Forum, Bahraich dated 21-11-1998.

5. Complaint No. 633 of 1997 Orders passed by District Consumer Forum. Meerut dated 15-5-1998.

Earlier order was passed on 28-1-1999 that Appeal Nos. A/164/97,

A/1560/94, A/463/98, A/2925/28, A/2521/93, A/319/96, A/505/96,

A/90/1997, A/1059/96, A/691/98, A2806/98, A/622/92, A/162/1993, A/590/1996, A/683/1996, A/1193/1996, A/46/1998, A/950/1994, A/509/1994, A/464/1998 and A/2005/98 shall also be taken up alongwith these but for want of notice to respondents rest of the appeals will be taken up separately later on.

2. Since all the appeals contain common points of law and facts arising out of the claims granted by various Consumer Fora as detailed above, they have been taken together for decision and are being dispossed off accordingly. In this connection the Appellant, Director, U.P. State Employees Group Insurance & Savings Scheme, during the course of hearing in various appeals, preferred applications that the cases be clubbed together to facilitate decision as all the cases have common grounds which has arisen out of reliefs granted by various Consumer Fora.

3. Briefly stated, the case of the complainant, respondents in the above respective appeals, was that under the above-cited scheme of Group Insurance & Savings, the amounts due against Group Insuarance and Savings Scheme have not been sanctioned by the appellant after retirement/death of the respondents concerned in spite of the fact that they had regularly contributed to the scheme and the amount had not been remitted to them. Accordingly various District Consumer Forums allowed the claims with interest, compensation and the cost of the proceedings and hence these appeals.

4. The grounds taken by the appellant, Director, D.P. State Employees' Group Insurance Corporation in all the appeals, are that-

(1) The Group Insurance and Saving Scheme is free of charge and there is no commercial relation between employees/beneficiary and 'the appellant as envisaged in various Government orders;

(ii) The scheme is absolutely non-commercial scheme and is aimed at the benefit of the employees in the form of improvement in service conditions to full-time Government employees and service is not rendered under this scheme for any gain, or provided to the Government and the service is free of charge.. The scheme is under a contract of personal service which is part and parcel of service conditions of the Government employees.

(iii) The scheme of Group Insurance & Savings is a reciprocal service as it is not included in -the definition of Section 2(1)(c) of Consumer Protection Act, 1986 which specifically lays down various kinds of services enumerated there-in and does not include rendering of any service free of charge as als9 rendering of any service under a contract of personal service. The scheme is a facility to help Government employees as an act of the State and to help Government employees.

(iv) In the scheme, there is no hiring of or availing of services for a consideration, and therefore, it does not attract the provisions of sub-section 2(1)(d) of the Consumer Protection Act and therefore, there is no consumer relationship.

(v) The scheme is part and parcel of the service conditions of the Government employees and that is like Provident Fund, Pension Scheme etc.

(vi) In case of any dispute under the scheme, the right Forum to be approached is UP State Public Service Tribunal under the provisions of UP Public Service(Tribunal) Act, 1976 and no relief can be• granted un