AI Structured Summary
Not yet generated for this judgment
Judgment
SINCE all these appeals contain common points of law and facts and arising out of the claims granted by various District Fora as detailed above, they have been taken together for decision and are being disposed of accordingly.
BRIEFLY stated the case of the respondents in the above appeals was that under the scheme of Group Insurance and Savings, amount due against group insurance has not been sanctioned by the appellant after retirement/death of the respondents concerned inspite of the fact that they had regularly contributed to the scheme and the amount has not been remitted to them. The grounds taken by the appellant, Director/Addl. Director, U.P. State Employees Group Insurance Directorate, in all the appeals are that : (i) The group insurance and savings scheme is free of charge and there is no commercial relation between the employees/beneficiaries and the appellant as envisaged in various Government orders from time to time. (ii) The scheme is aimed at the benefit of the employees in the form of improvement in service condition to full-time Government employees and service is not rendered under this scheme for any gain and the service is free of charge. The scheme is under a contract of personal service which is part and parcel of service conditions of the Government employees. (iii) The scheme of group insurance and savings is a reciprocal service as it is not included in the definition of consumer under Section 2(1)(c) of Consumer Protection Act, 1986, which specifically lays down various kinds of services and does not include rendering of service provided by the appellant. The scheme is a facility to help Government employees as an act of the State. (iv) There is no hiring or availing of services for a consideration and, therefore, provision of Section 2(1)(d) of Consumer Protection Act, 1986 are not attracted. (v) The scheme is part of the service conditions like PF and Pension Scheme etc.
On these grounds, the appellant has prayed that the cases under Group Insurance and Savings Scheme are not maintainable in the Consumer Courts and the right Forum to be approached is U.P. Public Services Tribunal.
WE have gone through the facts on record. WE have heard all the parties. In this connection, this Commission in its judgment and order dated 5.5.1997 in various appeals has held that employees and beneficiaries are not consumers in U.P. State Group Insurance and Savings Scheme as the services provided to them were free of charge and the question of deficiency in service does not come into picture. It was also held by this Commission that the respondents were free to prefer their claims under provisions of U.P. Public Service (Tribunal) Act, 1976 and the appeals were allowed. Since the points of law and facts of the case in the appeals under adjudication are also exactly similar in nature, all the appeals mentioned above are liable to be allowed. Copy of the judgment and order passed by this Commission on 5.5.1999 in the concerned appeals (1) Appeal No. 1193/SC/1996, (2) Appeal No. 46/SC/1998, (3) Appeal No. 90/SC/1997, (4) Appeal No. 691/SC/1998, (5) Appeal No. 2925/SC/1998, (6) Appeal No. 509/SC/1994, (7) Appeal No. 1059/SC/1996 and Appeal No. 590/SC/1996 is being attached alongwith this judgment and order which will form part of this judgment and order. Order
APPEAL No. 1193/SC/1996, APPEAL No. 46/SC/1998, APPEAL No. 90/SC/1997, APPEAL No. 691/SC/1998, APPEAL No. 2925/SC/1998, APPEAL No. 509/SC/1994, APPEAL No. 1059/SC/1996 and APPEAL No. 590/SC/1996 are allowed and the judgment and orders of the District Consumer Fora, referred hereinabove, are set aside. Parties to bear their own costs. This judgment and order shall be placed on the records of Appeal No. 1193/SC/1996 and copies of this judgment and order shall be placed on records of Appeal Nos. 46/SC/1998, 90/SC/1997, 691/SC/1998, 2925/SC/1998, 509/SC/1994, 1059/SC/1996 and 590/SC/1996. Let copies of this judgment and order be issued to the parties concerned as per rules. Appeals allowed.