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Judgment
THIS is an appeal against the order of District Forum, Nanded dated 19.5.93 passed in Complaint No. 45/93. A complaint was filed by Ms. Megha Paraswar alleging deficiency in the service of Akhil Bharatiya Matang Mandal. According to her after reading a news item in the local paper dated 6.9.91 she applied to the Opposite Party for a job for the appointment of Assistant Teacher. It is the case of the complainant that Opposite Party through Secretary Mr. Waghamare represented to the complainant that she will be getting appointment order in permanent vacancy but she will have to pay to him Rs. 15,000/-. Complainant was accompanied by her father. It is the case of the complainant that since she was getting job in clear vacancy she agreed to pay the amount and after raising the funds of Rs. 15,000/- paid to Secretary, Shri Waghmare the aforesaid amount and then she was appointed as an Assistant Teacher. On the same day i.e. 15.7.91. The complainant joined her duties and worked as Assistant Teacher for about two months but she was not paid any salary. After enquiry, she found that she was totally cheated and, therefore, she made a complaint alleging deficiency in the service of the Opposite Party and claimed back her amount with compensation. The District Forum allowed the complaint and directed the Opposite Party to refund Rs. 20,000/- with interest on Rs. 15,000/- @ Rs. 15% p.a. from 24.9.91 till realisation and also to pay Rs. 500/- as costs. The aforesaid order is impugned in this appeal.
WE have heard Shri Yoetikar, Advocate for appellant and respondent by Shri A.B. Shinde, Advocate. After hearing the arguments and the perusal of the impugned order, we find that by no stretch of imagination the facts alleged in the complaint can constitute a consumer dispute. The payment of Rs. 15,000/- to the Secretary of Akhil Bharatiya Matang Samaj cannot be said to be a consideration for hiring the services by the complainant. On the contrary, the Akhil Bharatiya Matang Samaj has hired the services of complainant Ms. Megha. The facts clearly show that Ms. Megha D. Paraswar is cheated by the administration of the Society but for seeking redressal of her grievances, the District Forum is not a proper authority and hence the impugned order cannot be sustained. The impugned order is totally without jurisdiction and therefore, requires to be set aside. Hence we pass the following order:- ORDER The appeal is allowed. The impugned order is set aside. The complainant is directed to seek her remedy elsewhere if she is advised for the redressal of her grievance. Appeal allowed.