J.K.Mehra, Member - (1.)This revision petition is filed against the order passed by the State Consumer Disputes Redressal Commission, Maharashtra, rejecting the appeal of the petitioner in his absence. The respondent is a Superintendent of Civil Court, Senior Division, Solapur against whom a complaint was filed alleging delay in issuance of certified copy of the judgment by the office of the respondent. The District Forum awarded compensation of Rs. 250 and costs of Rs. 250 holding that there is deficiency in service by the appellant and further holding that the complainant was consumer qua the appellant.
(2.)The State Commission upset the finding on the basis that the appellant being a Government agency was exercising sovereign function and any deficiency in service arising would not be amenable to the jurisdiction of the Consumer Fora functioning under the Consumer Protection Act. The order of the District Forum was set-aside and the complaint was dismissed. The complainant has filed this revision feeling aggrieved by the said order of the State Commission.
(3.)In view of the important issue involved we appointed Mr. Murlidharan as amicus curiae to assist the Commission in this matter.