Date of Filing : 05/09/2013                                        Date of Order : 10/09/2013

Order No.3, dated 10/09/2013.

           The Ld. Agent of the Complainant is present.

           The record is placed for hearing of admission.

       We have heard the Ld. Agent of the Complainant at a length. The Ld. Agent of the Complainant drawing our attention to the materials on record submits that since the Complainant is a consumer and his cause of misery as introduced in the complaint comes within the mabit of the provisions of the Consumer Protection Act, 1986, the Complainant may be allowed to get his cause adjudicated by this Forum.

          We have perused the entire materials made available on record including the documents filed by the Complainant in support of his cause. The Complainant, as admitted is an employee of Uttar Banga Kshetriya Gramin Bank now attached to Dhupguri Branch office and he presented the complaint against the officers of his employment office with the prayer for award of release of the amount of Rs.1,34,336.51/- as his arrear salary from his employment alleging that the said amount could not be disbursed to him even after repeated demand.

         It is well recognized by the provisions laid down in the C.P. Act, 1986 that a person approaches the jurisdiction of this Forum for any relief, he has to prove himself to a consumer as provided by section 2(1)(d) of the C.P. Act. The said section clearly postulates that whenever a person proves to have brought any goods for consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment includes any user of such goods other than the person buys such goods for consideration and also any person avails of or hires any service for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment includes any user of such goods other than the person buys such goods for consideration can well be defined to be consumer as per the provision of section 2(1)(d)(i)(ii) of the C.P. Act, 1986.

      The Complainant as already mentioned herein before, presented the complaint before this Forum against the officers of his employment for realization of his arrear pay. In this circumstances since there is no question of buys of goods or hires or avails of service on payment of consideration as mandated by the specific provisions of the C.P. Act.

         We are of the clear opinion that the Complainant cannot be termed to be consumer for the purpose of this proceeding and thereby, we hold that the complaint is not maintainable.

          Consequently, it is not deserved to be admitted.

          Accordingly, the complaint is dismissed.

          A plain copy of this order be supplied to the Complainant free of cost as per rules.