STATE OF ORISSA versus DIVISIONAL MANAGER, LIC AND ANR.

STATE OF ORISSA versus DIVISIONAL MANAGER, LIC AND ANR.

Services rendered by the State to its government servants are excluded from the Consumer Protection Act, 1986, as they are provided free of charge and under a contract of personal service; therefore, a government servant cannot claim damages against the State under the Act.

Parties
Appellant: State of Orissa; Respondent: Haribandhu Setha; Respondent: Divisional Manager, UC
Jurisdiction
India
Judgment Date
18 March 1996
Procedural Posture
Civil Appeal / Supreme Court, Appeal From National Consumer Disputes Redressal Commission
Outcome
appeal allowed
Legal Topics
Definition of Services Under Consumer Protection Act, Exclusion of Government Servant From Consumer Protection Act, Contract of Personal Service
Consumer Protection Definition of Services Under Consumer Protection Act Exclusion of Government Servant From Consumer Protection Act Contract of Personal Service

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Parties

State of Orissa

Appellant

Haribandhu Setha

Respondent

Divisional Manager, UC

Respondent

Procedural Posture

Civil Appeal / Supreme Court, Appeal From National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether a government servant can claim damages against the State under the Consumer Protection Act, 1986
  2. 2 Whether services rendered by the State to its servant are excluded from the definition of 'services' under the Act

Ratio Decidendi

Services rendered by the State to its government servants are excluded from the Consumer Protection Act, 1986, as they are provided free of charge and under a contract of personal service; therefore, a government servant cannot claim damages against the State under the Act.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • No costs awarded.