ORDER<br /> <br /> This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant-RanganathRao Ex.Village Accountant against four Respondents (1) Chief Secretary for Revenue Department M.S. Building Bangalore, (2) Deputy Commissioner RAichur (3) Tahasildar Sindhanoor, and (4) Tahasildar Deodurga.<br /> <br /> It is alleged that he was appointed as Village Accountant as per the order of the Deputy Commissioner Raichur (Respondent No-2) bearing No. RBR/HOA/19/76-77 dt. 04-05-76 with effect from 19-05-68 in the scale Rs. 80-3-110-4-130-5-145 and was posted to Ravalakunda village and entry in this record has been mentioned in his Service Register and his service continued with granting annual increments. Thereafter the Respondent No-2 as kept his under suspension as per his order bearing no. RBR/HAO/411/79-80 dt. 29-11-82. According to Rule (10) of Karnataka Civil Service (CCA) Rules for first six months of the suspension period he is entitled to 50% of the salary towards suspension allowance for maintenance, 75% of the salary for next three months and 90% of the salary after nine months and as per Circular No. DPAR/12/SDE 2003 dt. 11-09-03 Departmental Enquiry against the suspended Government Servants shall have to be completed within nine months. It is also his case that one Manikrao Village Accountant was also suspended along with him vide common order but, subsequently said Manikrao was re-intested. But no enquiry has been conducted against this complainant and suspension allowance was not paid to him. Thereby the Respondents have discriminated by not granting suspension allowance the Respondents have committed deficiency in service. Hence he has sought for granting suspension allowance as per the above said three slabs with effect from 29-11-82 to 31-03-2001 amounting to Rs. 4,24,855.42 Ps. as detailed in Annexure-A and sought for awarding interest at 18% p.a. on the said sum which comes to Rs. 10,77,671.80 Ps as detailed in Annexure-B and has further sought for awarding compensation of Rs. 20,000/- towards mental agony and for cost of Rs. 5,000/-.<br /> <br /> From a close perusal of complaint averments and the documents filed there to and the nature of reliefs sought against the four Respondents, the granting of suspension allowance is a statutory function and so it cannot be construed as ‘service’ within the meaning of section 2(1) (o) of C.P. Act so we do not find that the dispute is a consumer dispute so as to entertain the complaint for enquiry. This our view is supported by the decision of Hon’ble National Commission reported in (1) 2003 (IV) CPJ 97 NC (S.JafferAli V/s. Commissioner City Municipal Corporation and Another) (2) 2003(III) CPJ 72 NC (Shantidevi & Another V/s. Ghaziabad Development Authority) which is based on the earlier decisions of the Hon’ble National Commission reported in 1994(III) CPJ 125 (Paresh Nath Baksi & Another Vs/ Calcutta Municipal Corporation). Hence we do not find substance in the complaint and the arguments of the LC for the complainant and thereby the rulings relied upon by the LC reported in (1) ILR 2007 Karnataka Page 97 (M.P. Chinnappa & Others V/s. Accountant General (A&E) and others) (2) 2007 (III) CPJ Page 376 of Union Territory Consumer Disputes Redressal Commission, Chandigarh reported in Ashok Chawla V/s. Kailash BAHL DAV Centenary Public School & Another are not helpful to the complainant since they are on different footings, and the principles laid down in the said rulings are not applicable to be present case.<br /> <br /> Hence for all these reasons the complaint of the complainant is rejected U/s. 12(3) of C.P. Act. File be closed. Return the documents to the complainant/counsel under due-acknowledgement. <br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 12-03-09)<br /> <br /> Sd/-<br /> Sri. N.H. Savalagi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Gururaj, Member,<br /> District Forum-Raichur.<br /> <br /> Sd/- <br /> Smt.Pratibha Rani Hiremath, <br /> Member. <br /> District Forum-Raichur<br />