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2025 DAILYLAW 70598 (ALL)

M/S TEJ SHOE TECH v. DISTRICT CONSUMER FORUM II AGRA AND ANOTHER

WRIC/21147/2025 · 2025-08-12

Prashant Kumar, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137601-DB Court No. - 39 Case :- WRIT - C No. - 21147 of 2025 Petitioner :- M/S Tej Shoe Tech Respondent :- District Consumer Forum Ii Agra And Another Counsel for Petitioner :- Piyush Bhargava Counsel for Respondent :- Hitesh Pachori Hon'ble Arindam Sinha,J. Hon'ble Prashant Kumar,J. Mr. Piyush Bhargava, learned advocate appears on behalf of petitioner and submits, private respondent no.2 moved the District Consumer Forum on claim relating to his service. He draws attention to paragraph 7 of the claim filed before the forum. It is reproduced below. "7. That he claimed the amount which is as under:- i) Leave encashment- Rs.30,000/- ii) Salary- Rs.15,000/- iii) Bonus- Rs.6,500/- iv) Illegal deduction from salary of complainant- Rs.1,10,000/- Rs.1,61,500/-” He submits, private respondent no.2 is not a service provider within meaning of section 2(42) of Consumer Protection Act, 2019. The forum passed impugned order dated 14 th May, 2025 without jurisdiction. Mr. Mohd. Farooqi, learned advocate holding the brief appears on behalf of private respondent no.2. On query he confirms that his client moved the forum by his petition registered as complaint no.162 of 2023. In addition to paragraph 7 from the complaint reproduced above, paragraph 1 from it is reproduced below. "1. That the complainant was the employee of the opposite party no.1 and 2. He was discharging his duty to the satisfaction of the opposite party no.1 and 2." We accept Mr. Bhargava's submission that the forum recorded his client's objection on jurisdiction yet proceeded to admit the complaint. Private respondent no.2 himself says he was an employee and is claiming his service dues. He must find his remedy as available in law. The forum cannot enter into the dispute. Impugned order is set aside and quashed. The writ petition is disposed of. Order Date :- 13.8.2025 Ashutosh (Arindam Sinha, J.) (Prashant Kumar, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad