Heard learned counsel for the appellant. None appears for the respondent.

2.      This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      The unfolded story of the case of the complainant is that the complainant is a 81 years old pension holder of State Bank of India, Rayagada Branch and he has been supplied the pension book by the Treasury, Rayagada showing his date of birth as 20.12.1932 to the Chief Manager, State Bank of India, Rayagada for making payment of his dues available from 20.12.2012 but the OP Bank did not agree to it. Accordingly, payment was not made from 20.12.2012. So, the complaint was filed.

4.      OP filed written version stating that with regard to the correction of date of birth  a reference was made to the District Treasury Office, Rayagada on 8.7.2013 and on its reply the District Treasury, Rayagada  informed that  as per Govt. Letter No. 54875(f) dated 12.11.2009 of Finance Department,  pensionsanctioning authority shall ensure the entry of date of birth of the pensioner in the OCS Pension Form – 5 for recording the same in the pension payment order to facilitate payment of additionalfamilypension and that the said pension sanctioning authority are the competentauthority to do the needful in the matter. So, there was no deficiency in service on their part.

5.      After hearing both the parties, the learned District Forum passed the following order:-

                             “xxxxxxxxx

Hence, the OP bank is directed to pay all the outstanding dues of the complainant from 20.12.2012 and accept the date of birth of the complainant as 20.12.1932. Though the mental agony cannot be measured undergone by the complainant who is 81 years old, however, looking to status of the complainant, we feel it just and proper to award a sum of Rs.3,000/- to be paid by the OP which includes litigation cost.

The above order shall be complied by the Op bank within four weeks of receipt of this order failing which the bank is liable to pay penal interest @12% per annum on the above awarded amount till its realization.”

6.      Learned counsel for the appellant submitted that learned District Forum committed error in law by not considering the written version with proper perspectives. According to him the learned District Forum ought to have rejected the complaint by observing that this is a service matter not connected to the consumer dispute. He also submitted that since the pension matter is dealt with by the Treasury, the OP has nothing to do except to follow the instruction. Therefore, he submitted to allow the appeal by setting aside the impugned order.

7.      Considered the submission of learned counsel for the    appellant and perused the impugned order including the DFR.

8.      The simple question in this case arises whether thecomplaint is maintainable. It is clear from the pleadings of both the parties that the complainantbeing  retired from Govt. service has claimed for correction of date of birth by the OP and the Treasury has sent his date of birth by affirming the same as 20.12.1932.In the written version the OP has clearly stated that it is the pension sanctioning authority who is best person to makecorrection in the P.P.O. whichis not binding on the OP. On the other hand, the learned District Forum without understanding all these facts and law has passed the impugned order. Apart from this the Govt., being not a service provider is not coming under the purview of Consumer Protection Act. The OP Bank is only to carry out the order of the Govt. so far payment of pension is concerned. Thus, the complaint is not maintainable against the OP.

9.      In view of aforesaid analysis, the impugned order is liable to be set aside and it is set aside.

10.    The appeals stands allowed. No cost.

         Statutory amount deposited be refunded to the appellant with interest accrued thereon, if any on proper identification.

         DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.