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

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The  factual  matrix leading to the case     of  complainant,   is that the complainant was an employee under OP No.1-Bank appointed on 01.08.1976. It is alleged that he has retired  as Branch Manager on dtd.28.02.2014 on superannuation from his service. It is also alleged that  after retirement he got gratuity  of Rs.7,50,000/- but not the amount which has been received by the OP No.1 from the Life Insurance Corporation of India. According to him the OP No.1 has received  Rs.9,29,100/- from LIC   towards gratuity but paid Rs.7,50,000/-  inspite of approach  the complainant did not get any amount further. Hence, the complaint was  filed  alleging deficiency in service on the part of the OP.

4.            The OP  No.1    filed the written version stating  that the complainant is not a consumer under the OP and as per Gratuity Act 1972 and Orissa payment of Gratuity Rules 1974, he is only entitled to get Rs.7,50,000/-  and same amount  already paid to the complainant. He also relied on the decision of Managing Committee. Therefore, they have no deficiency in service on the part of the OP.

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

               Xxxx              xxxx              xxxx

                                “ The Opposite Parties are jointly and severally directed to pay Rs.1,79,100/- (Rupees one lakh seventy nine thousand and one hundred )only as the differential gratuity amount alongwith an interest  @ 6 % per annum from Dtd.11.04.2014 till the date of Order i.e. Dtd.23.11.2016 to the complainant and compensation for mental agony, harassment and litigation expenses  of an amount of Rs.10,000/- (Rupees ten thousand)only, within one month from the date of order, failing which the total awarded amount shall carry interest  @ 12 % per annum till the  actual date of payment.

                           Further the Forum warns the Opposite Parties not to repeat aforesaid practice in future. The complaint is allowed and disposed off accordingly. “

6.                  Learned counsel for the appellant submitted that    the consumer complaint  is not maintainable  because  it is to be decided before the  special designated Authority. Apart from this  the gratuity is neither a goods  or service processed for consideration  but  only payable to the employee as per  Orissa payment of Gratuity Rules,1974.  Since, the complainant is guided by the Orissa Payment of Gratuity Rules and the Committee  of the Service Co-operative Society through  its decision, the complainant is entitled  to get Rs.7,50,000/-  towards the  gratuity amount.  Learned District Forum ought to have considered all these facts  and law. Therefore, he submitted to set-aside the impugned order by allowing the appeal.

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

8.                       It is admitted fact that the complainant was an employee of the OP-bank  and he retired  from service but after retirement he got  the gratuity amount of Rs.7,50,000/-. On the otherhand, OP relied on the decision of the Managing Committee of the Sambalpur District Co-operative Society where it has been held that the gratuity of Rs.7,50,000/- should be payable  to the employee on their requirement in accordance with the  Orissa payment of  Gratuity Rules. Since,  the Resolution passed to pay Rs.7,50,000/- as per Orissa Payment Gratuity Rule,1974  it can not be said that payment of Rs.7,50,000/- by the OP is deficiency in service on the part of the OP. Since, we find that there is no cause of action to file the case  because of the aforesaid  observation, the entire impugned order is liable to set-aside and it is set-aside.

                Appeal stands allowed. No cost.   

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                DFR be sent back forthwith.

               Statutory  amount be refunded.