ACCOUNTANT GENERAL J AND K GOVT JAMMU Vs. J AND K STATE COMMISSIONER
HIGH COURT OF JAMMU AND KASHMIR
ACCOUNTANT GENERAL, J.AND K.GOVT., JAMMU
JAMMU AND KASHMIR STATE COMMISSIONER
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(1.) This petition has been preferred by the Accountant General, J. and K. This has been preferred against an order passed by the State Consumer Protection Commission. The aforementioned Commission came to the conclusion that there was remissness on the part of Accountant General in not settling the retiral benefits like G. P. Fund etc. of the Respondent No. 2, and therefore, it chose to allow compensation amount of Rs. 5,000/-. It is this order which is subject-matter of challenge in this petition.
(2.) The short submission which has been made in this petition is that the Accountant General would not fall within the definition of Consumer and therefore, it was not possible to pass any order by way of compensation. What is urged is that the A. G. is merely performing his statutory duty. The G. P. Fund Account is opened and maintained under the Statutory Rules. As per the petitioner if above be the position, then the Accountant General would not fall within the definition of Consumer.
(3.) The definition of Consumer as contained in J. and K. Consumer Protection Act, 1987, is, as under :-"(d) "Consumer" means any person who :-(i) buys any goods for a consideration which has been paid or promised or partly and paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose; or(ii) hires any services for a consideration which has been paid or promised or partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person.";
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