O R D E R

JUSTICE R.N.BISWAL, PRESIDENT

          This appeal has been preferred against the order dated 23.7.2013 passed by the District Forum, Dhenkanal in C.C. no. 201 of 2009 directing the appellants jointly and severally to pay interest on Rs.3,40,000/- and  Rs.80,000/- towards damage for mental harassment and Rs.5,300/- towards cost of litigation to the respondent.

          The respondent as complainant filed the aforesaid case stating that he was working as Manager (Zonal Officer) of A.U.C.C.Bank Ltd., Kamakhya Nagar Branch under the appellants and attained superannuation on 28.2.2006. During the period of his service, in the year 2002, the appellants initiated a departmental proceeding against him on the ground that he was negligent on his duty in sanctioning loan for purchase of a Bus by the N.A.C., Kamakhya Nagar. The said departmental proceeding was heard by the competent authority in the year 2008 where it was ordered that  he would get his leave salary and security money after realization of the loan amount from  the N.A.C., Kamakhya Nagar. On 16.2.2009,  the N.A.C., Kamakhya Nagar issued one cheque amounting to Rs.18,08,967/- (Rs.5,69,164/- principal Plus Rs.12,39,803/- interest). Even though the loan amount with interest has already been paid by the N.A.C., Kamakhya Nagar, still then the leave salary and security money was not released in favour of the respondent. So, he filed the Consumer Complaint before the District Forum with prayer to direct the appellants to release the leave salary with interest as per Bank employees rules and the security money with interest in his favour and to pay interest on  the gratuity amount, compensation of Rs.1,00,000/- for mental agony and harassment, besides Rs.10,000/- towards litigation expenses.

          The appellants did not enter appearance before the District Forum. After hearing the respondent and relying on the decision in the case of Vijaya Laxmi Mehrotra vrs. State of U.P. 2004(4) SCT 267, 2000(5) JT 171 and the decisions (Name of the parties not given) reported in 2000(2) SLR 686, AIR 2000, Supreme Court 3513, 2000(2) LTJ 253 2001(9) SEC 687, 2000 Lab 1.0 2623:2000(85) FLR 790 the District Forum passed the impugned order.

          Being aggrieved with the said order, the appellants who were opposite parties before the District Forum have preferred the present appeal as stated earlier.

          Learned counsel for the appellants submits that without giving any opportunity to the appellants to file written version,  the District Forum has passed the impugned order which is illegal. He further submits that the respondent is not coming under the scope and ambit of ‘consumer’ as defined  under Section 2(1)(d) of C.P.Act, 1986 and the District Forum  has decided service condition of an employee of Angul UCC Bank Ltd in violation of statutory provisions of Orissa Cooperative Societies Act, 1962 and Rules framed thereunder. The respondent instead of filing a dispute case U/s 68 of OCA Act, 1962, a special statute, before the Registrar Cooperative Societies, Odisha  filed Consumer Complaint no. 201 of 2009 before the District Forum which is not maintainable there. The order passed by the District Forum is against the decision of the Hon’ble Apex Court  reported in 2009(II) OLR (SC). Accordingly, learned counsel for appellants prays to allow the appeal and set aside the impugned order.

          Learned counsel for the respondent supports the decision rendered by the District Forum.

          On perusal of the record, it is found that sufficient opportunity was given to the appellants by the District Forum to file written version, but they did not take advantage of the same. So it cannot be held that no opportunity was given to the appellants to file written version. But the respondent cannot come under the scope and ambit of ‘consumer’ as defined U/s 2(1)(d) of C.P.Act. The dispute relates to release of security amount and interest on the gratuity. The decisions relied upon by the District Forum are not applicable to the present case.

          Accordingly, the appeal is allowed and the impugned order is set aside.  However, in view of the order passed by the Disciplinary Authority, since N.A.C., Kamakhyanagar has already cleared the loan with interest, we hope, the appellants shall release the leave salary of respondent as applicable to him, besides the security money without further delay.

          Records received from the District Forum be sent back forthwith.