EXECUTIVE ENGINEER P.W.D., SURATGARH vs GOPAL DAS

IN this appeal, appellants are Executive Engineer, PWD, Suratgarh Sub-Divisional Officer, Suratgarh, and Superintending Engineer, Ganganagar. This appeal has been filed by them against the order of District Forum, Ganganagar dated 3.11.92 directing the appellants to render account of the proper expenditure of budget allocation for the financial years 1990-91 91-92 and 92-93 under the head "repair of Govt. quarters" and further to see that the Govt. quarters are properly repaired and maintained and expenses in repairs are incurred after consultation and taking into confidence the complainant Mahasangh of employees.

APPELLANTS Counsel was present on the last date, but he is not present today despite notice of the date. We, therefore, heard the learned Counsel for respondent No. 1 and have perused the record. We very much appreciate the laudable object for which this complaint was filed by the President and Vice-President of All Rajasthan State Employees Joint Mahasangh Branch Suratgarh but there are certain legal obstacles with respect to the maintainability of the present complaint. We agree with the findings of the District Forum that the State of Rajasthan, while allotting various categories of houses to its employees, does under service for consideration and any person who hires or avails of this service for consideration is a consumer. However, the complainant has neither alleged that it was a voluntary consumer organisation registered under any law for the time being in force and nor it had impleaded the State of Rajasthan, to whom the Govt. quarters belong and whose services were hired by the Govt. servants as opposite party. The complainants have even not alleged that they were themselves occupants of allotted Govt. quarters and thus consumer. Thus this complaint was neither filed by a consumer or consumers jointly and nor it was alleged and proved that the Mahasangh was a voluntary consumer organisation registered under any law for the time being in force. The remedy was also not sought as against the State of Rajasthan which was the owner of the Govt. quarters and renderer of service. The Executive Engineer, PWD, Sub-Divisional Officer, Suratgarh and Superintending Engineer, Ganganagar who were impleaded as opposite parties, were only employees or at best agents of State of Rajasthan. The complaint ought to have been filed as against the State of Rajasthan. On these two legal grounds, we allow this appeal, set aside the order of the District Forum, Ganganagar dated 3.11.92 and dismiss the complaint filed by the complainant Mahasangh. Appeal allowed.